Grimes v. Miller

Filing 7

ORDER OF DISMISSAL. Signed by Judge Jeffrey S. White on 11/5/12. (jjoS, COURT STAFF) (Filed on 11/7/2012)

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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 12-5093 JSW (PR)
C 12-5366 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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Francisco County Jail and frequent litigator in this court, filed these nine pro se civil

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

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

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

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

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then, Plaintiff has continued to file hundreds of civil actions seeking in forma pauperis

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

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

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bring him within the "imminent danger of serious physical injury" exception to §

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1915(g). In the past, Plaintiff has routinely been granted leave to amend to pay the full

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filing fee and to state cognizable claims for relief, but he has habitually failed to do so.

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For example, in 2003 alone Plaintiff's failure to comply resulted in the dismissal of

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approximately thirty-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 make a wide variety o

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nonsensical and frivolous allegations about a wide range of unrelated events, including

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among many others, the Jonestown massacre, Viagra overdoses, the September 11

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terrorist attacks, and the Oklahoma City bombings. On numerous occasions, Plaintiff has

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been informed that he may not proceed with frivolous allegations and he has failed to

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cure these problems when given leave to amend. Therefore granting leave to amend

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would be futile. 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.

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IT IS SO ORDERED.

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DATED: November 5, 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 GRIMES,

Case Number: CV12-05093 JSW
Case Number: CV12-05366 JSW
CERTIFICATE OF SERVICE

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Plaintiff,

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v.

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DEPUTY MILLER 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 November 5, 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
S.F.J.C.
1 Moreland Drive
#12675072
San Bruno, CA 94066

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Dated: November 5, 2012

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