Grimes v. Tellus Operating Group LLC

Filing 7

ORDER of Dismissal. Signed by Judge Jeffrey S. White on 5/1/13. (jjoS, COURT STAFF) (Filed on 5/1/2013)

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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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TELLUS OPERATING GROUP, LLC,
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Defendants.
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No.

C 13-1214 JSW (PR)

ORDER OF DISMISSAL

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Plaintiff, an inmate in the Napa State Hospital and frequent litigator in this Court,
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has recently filed this pro se civil rights case. On May 18, 2000, this Court informed
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Plaintiff that under the "three-strikes" provisions of 28 U.S.C. § 1915(g) he generally is
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ineligible to proceed in forma pauperis in federal court with civil actions filed while he is
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incarcerated. See Grimes v. Oakland Police Dept., C 00-1100 CW (Order Dismissing
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Complaint, 5/18/00). Since then, Plaintiff has continued to file hundreds of civil rights
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actions seeking in forma pauperis status. With respect to each action filed, the Court
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conducts a preliminary review to assess the nature of the allegations and to determine
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whether Plaintiff alleges facts which bring him within the "imminent danger of serious
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physical injury" exception to § 1915(g). In the past, Plaintiff has routinely been granted
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leave to amend to pay the full filing fee and to state cognizable claims for relief, but he
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has habitually failed to do so. For example, in 2003 alone Plaintiff's failure to comply
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resulted in the dismissal of 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 action and finds that Plaintiff alleges no facts which bring him within the

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"imminent danger" clause. The complaint makes claims under 42 U.S.C. § 1983 against

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private individuals as well as a series of nonsensical or plainly implausible allegations,

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including “pretext heirship rowing murder.” It has been explained to Plaintiff countless

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times that such claims and allegations are not cognizable. Therefore, it would be futile to

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

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pay the $350.00 filing fee, which he has never done.

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Accordingly, this case is DISMISSED without prejudice under § 1915(g). The

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application to proceed in forma pauperis is 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 files and terminate all pending motions in
the cases listed in the caption of this order.
IT IS SO ORDERED.
DATED: May 1, 2013
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: CV13-01214 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.

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TELLUS OPERATING GROUP LLC 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 May 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.

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Jerome L. Grimes
Napa State Hospital
#206586-0/ Unit Q-1 & 2
2100 Napa Vallejo Highway
Napa, CA 94558

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Dated: May 1, 2013

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