Grimes v. Deputy Hill et al

Filing 3

ORDER OF DISMISSAL. Signed by Judge JEFFREY S. WHITE on 3/1/13. (jjoS, COURT STAFF) (Filed on 3/1/2013)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 JEROME L. GRIMES, 9 10 11 12 13 ) ) Plaintiff, ) ) v. ) ) ) DEPUTY HILL, et al., ) ) Defendants. _________________________________ ) Nos. C 13-0479 JSW (PR) ORDER OF DISMISSAL 14 Plaintiff, an inmate in the San Francisco County Jail and frequent litigator in this 15 Court, has recently filed this pro se civil rights case. On May 18, 2000, this Court 16 informed Plaintiff that under the "three-strikes" provisions of 28 U.S.C. § 1915(g) he 17 generally is ineligible to proceed in forma pauperis in federal court with civil actions 18 filed while he is incarcerated. See Grimes v. Oakland Police Dept., C 00-1100 CW 19 (Order Dismissing Complaint, 5/18/00). Since then, Plaintiff has continued to file 20 hundreds of civil rights actions seeking in forma pauperis status. With respect to each 21 action filed, the Court conducts a preliminary review to assess the nature of the 22 allegations and to determine whether Plaintiff alleges facts which bring him within the 23 "imminent danger of serious physical injury" exception to § 1915(g). In the past, 24 Plaintiff has routinely been granted leave to amend to pay the full filing fee and to state 25 cognizable claims for relief, but he has habitually failed to do so. For example, in 2003 26 alone Plaintiff's failure to comply resulted in the dismissal of approximately thirty-six 27 actions under § 1915(g). 28 1 In accord with this ongoing practice, the Court has reviewed the allegations in the 2 present action and finds that Plaintiff alleges no facts which bring him within the 3 "imminent danger" clause. The complaint makes a series of nonsensical or inherently 4 impossible allegations, such “9/11/01 terror,” “food chain terror in jail and out of jail,” 5 and “paramilitary shine flu type poison and super bugs.” As has been explained to 6 Plaintiff countless times, such claims are barred. Therefore, it would be futile to grant 7 Plaintiff leave to amend. And even if Plaintiff did amend, he would be required to pay 8 the $350.00 filing fee, which he has never done. 9 Accordingly, this case is DISMISSED without prejudice under § 1915(g). The 10 application to proceed in forma pauperis is DENIED. No fee is due. If Plaintiff is so 11 inclined, he may bring his claims in a new action accompanied by the $350.00 filing fee. 12 In any event, the Court will continue to review under § 1915(g) all future actions filed by 13 Plaintiff while he is incarcerated in which he seeks in forma pauperis status. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: March 1, 2013 JEFFREY S. WHITE United States District Judge 1 UNITED STATES DISTRICT COURT 2 FOR THE 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 JEROME L GRIMES, Case Number: CV13-00479 JSW 6 Plaintiff, CERTIFICATE OF SERVICE 7 v. 8 DEPUTY HILL et al, 9 Defendant. 10 11 12 13 14 / 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 March 1, 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. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Jerome L. Grimes S.F.C.J. 1 Moreland Drive San Bruno, CA 94066 Dated: March 1, 2013 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk

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