Grimes v. White

Filing 4

ORDER OF DISMISSAL. Signed by Judge JEFFREY S. WHITE on 1/9/13. (jjoS, COURT STAFF) (Filed on 1/9/2013)

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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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EILEEN MOUNCE, et al.,
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Defendants.
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__________________________________ )

Nos. C 12-6165 JSW (PR)
C 12-6166 JSW (PR)
C 12-6167 JSW (PR)
C 12-6168 JSW (PR)
C 12-6387 JSW (PR)
C 12-6388 JSW (PR)
C 12-6389 JSW (PR)
C 12-6390 JSW (PR)
C 12-6392 JSW (PR)
C 12-6398 JSW (PR)
C 12-6509 JSW (PR)
C 12-6510 JSW (PR)
ORDER OF DISMISSAL

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Plaintiff, an inmate in the San Francisco County Jail and frequent litigator in this
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Court, has recently filed the twelve pro se civil rights cases listed above. On May 18,
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2000, this Court informed Plaintiff that under the "three-strikes" provisions of 28 U.S.C.
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§ 1915(g) he generally is ineligible to proceed in forma pauperis in federal court with
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civil actions filed while he is incarcerated. See Grimes v. Oakland Police Dept., C 0022
1100 CW (Order Dismissing Complaint, 5/18/00). Since then, Plaintiff has continued to
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file hundreds of civil rights actions seeking in forma pauperis status. With respect to
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each action filed, the Court conducts a preliminary review to assess the nature of the
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allegations and to determine whether Plaintiff alleges facts which bring him within the
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"imminent danger of serious physical injury" exception to § 1915(g). In the past,
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Plaintiff has routinely been granted leave to amend to pay the full filing fee and to state
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cognizable claims for relief, but he has habitually failed to do so. For example, in 2003

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

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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. The majority of these actions challenge the validity of his

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arrest, criminal charges, and criminal proceedings that led to his current incarceration.

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He otherwise makes nonsensical or inherently impossible allegations, such as that

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defendants (jail officials) are engaged in “pop-top valve cover theft,” are “covert

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terrorists,” and committed the “Madrid, Spain train bombing co-fence March 11, 2003.”

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As has been explained to Plaintiff countless times, such claims are barred. Therefore, it

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would be futile to grant Plaintiff leave to amend. And even if Plaintiff did amend, he

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would be required to pay the $350.00 filing fee, which he has never done.

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Accordingly, these cases are DISMISSED without prejudice under § 1915(g).

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

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

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

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filed by 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 files and terminate all pending motions in
the cases listed in the caption of this order.
IT IS SO ORDERED.
DATED: January 9, 2013

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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: C 12-6165 JSW (PR)

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Plaintiff,

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v.

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EILEEN MOUNCE et al,

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Defendant.

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C 12-6166 JSW (PR)
C 12-6167 JSW (PR)
C 12-6168 JSW (PR)
C 12-6387 JSW (PR)
C 12-6388 JSW (PR)
C 12-6389 JSW (PR)
C 12-6390 JSW (PR)
C 12-6392 JSW (PR)
C 12-6398 JSW (PR)
C 12-6509 JSW (PR)
C 12-6510 JSW (PR)
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.

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That on January 9, 2013, 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
San Francisco County Jail
1 Moreland Drive
San Bruno, CA 94066

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Dated: January 9, 2013

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