Grimes v. Higgins
Filing
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ORDER OF DISMISSAL. Signed by Judge JEFFREY S. WHITE on 12/14/12. (jjoS, COURT STAFF) (Filed on 12/19/2012)
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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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PRISONER LEGAL SERVICES, et al., )
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Defendants.
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__________________________________ )
Nos. C 12-5367 JSW (PR)
C 12-6243 JSW (PR)
C 12-6244 JSW (PR)
C 12-6245 JSW (PR)
C 12-6246 JSW (PR)
C 12-6247 JSW (PR)
C 12-6248 JSW (PR)
C 12-6249 JSW (PR)
C 12-6278 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 nine pro se civil rights cases listed above. On May 18, 2000,
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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 civil
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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 actions seeking in forma pauperis status. With respect to each
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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. 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, 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: December 14, 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: C 12-5367 JSW (PR)
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Plaintiff,
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v.
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PRISONER LEGAL SERVICES et al,
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Defendant.
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CERTIFICATE OF SERVICE
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C 12-6243 JSW (PR)
C 12-6244 JSW (PR)
C 12-6245 JSW (PR)
C 12-6246 JSW (PR)
C 12-6247 JSW (PR)
C 12-6248 JSW (PR)
C 12-6249 JSW (PR)
C 12-6278 JSW (PR)
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 December 19, 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
1 Moreland Drive
San Bruno, CA 94066
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Dated: December 19, 2012
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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk
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