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)

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