Grimes v. Krol et al

Filing 4

ORDER OF DISMISSAL. Signed by Judge JEFFREY S. WHITE on 10/4/12. (jjoS, COURT STAFF) (Filed on 10/4/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JEROME L. GRIMES,
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Plaintiff,
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v.
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KING SECURITY SERVICES, et al.,
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Defendants.
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__________________________________ )

Nos. C 12-4551 JSW (PR)
C 12-4552 JSW (PR)
C 12-4816 JSW (PR)
C 12-4820 JSW (PR)
C 12-4821 JSW (PR)
C 12-4822 JSW (PR)
C 12-4896 JSW (PR)
C 12-4897 JSW (PR)
C 12-4898 JSW (PR)
ORDER OF DISMISSAL

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Over the course of approximately three weeks, Plaintiff, an inmate in the San

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Mateo County Jail and frequent litigator in this Court, filed these nine pro se civil rights

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cases. On May 18, 2000, this Court informed Plaintiff that under the "three-strikes"

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provisions of 28 U.S.C. § 1915(g) he generally is ineligible to proceed in forma pauperis

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in federal court with civil actions filed while he is incarcerated. See Grimes v. Oakland

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Police Dept., C 00-1100 CW (Order Dismissing Complaint, 5/18/00). Since then,

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Plaintiff has continued to file hundreds of civil actions seeking in forma pauperis status.

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With respect to each action filed, the Court conducts a preliminary review to assess the

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nature of the allegations and to determine whether Plaintiff alleges facts which bring him

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within the "imminent danger of serious physical injury" exception to § 1915(g). In the

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past, Plaintiff has routinely been granted leave to amend to pay the full filing fee and to

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state cognizable claims for relief, but he has habitually failed to do so. For example, in

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2003 alone Plaintiff's failure to comply resulted in the dismissal of approximately thirty-

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six actions under § 1915(g).

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In accord with this ongoing practice, the Court has reviewed the allegations in the

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present actions and finds that Plaintiff alleges no facts which bring him within the

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"imminent danger" clause. Succinctly put, these actions challenge the validity of the

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arrest and criminal charges which led to his current incarceration. As has been explained

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to Plaintiff countless times, such claims are barred under Heck v. Humphrey, 512 U.S.

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477 (1994) (state prisoner's § 1983 complaint for damages which implies invalidity of

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conviction or sentence must be dismissed unless plaintiff demonstrates conviction or

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sentence has already been invalidated). Therefore, it would be futile to grant Plaintiff

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leave to amend. And even if Plaintiff did amend, he would be required to pay the

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$350.00 filing fee, which he has never done.

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Accordingly, this action is DISMISSED without prejudice under § 1915(g). The

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applications to proceed in forma pauperis are DENIED. No fee is due. If Plaintiff is so

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inclined, he may bring his claims in a new action accompanied by the $350.00 filing fee.

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In any event, the Court will continue to review under § 1915(g) all future actions filed by

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Plaintiff while he is incarcerated in which he seeks in forma pauperis status.

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The Clerk of the Court shall CLOSE the file and TERMINATE all pending
motions.
IT IS SO ORDERED.
DATED: October 4, 2012

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JEFFREY S. WHITE
United States District Judge

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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JEROME L GRIMES,

Case Number: CV12-04551 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.

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JOHN DOE et al,

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Defendant.

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/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on October 4, 2012, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.

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Jerome L. Grimes 12675072
A-4, 9 bunk
San Francisco County Jail #1
850 Bryant Street
San Francisco, CA 94103

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Dated: October 4, 2012
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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JEROME L GRIMES,

Case Number: CV12-04552 JSW
CV12-04816 JSW
CV12-04820 JSW
CV12-04821 JSW
CV12-04822 JSW
CV12-04896 JSW
CV12-04897 JSW
CV12-04898 JSW

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Plaintiff,

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v.

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DR BRIAN SCEMENSKY et al,

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Defendant.

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CERTIFICATE OF SERVICE

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on October 4, 2012, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.

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Jerome L. Grimes
1 Moreland Drive
#12675072
San Bruno, CA 94066

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Dated: October 4, 2012

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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk