Turner v. Brown et al

Filing 11

ORDER OF DISMISSAL. Signed by Judge Jeffrey S. White on 12/9/13. (jjoS, COURT STAFF) (Filed on 12/9/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ANTHONY R. TURNER,

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Plaintiff,
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v.
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JERRY BROWN, et al.,
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Defendants.
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__________________________________ )

No. C 13-1825 JSW (PR)
ORDER OF DISMISSAL
(Docket Nos. 3, 5, 6)

Plaintiff, a California prisoner proceeding pro se, filed this civil rights case under

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42 U.S.C. § 1983. Plaintiff was ordered to show cause why, in light of Plaintiff’s prior

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cases that were dismissed as frivolous, malicious or for failure to state a cognizable claim,

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why in forma pauperis should not be denied and this case should not be dismissed

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pursuant to 28 U.S.C. § 1915(g), or to pay the filing fee. He was informed that his failure

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to do so would result in the dismissal of this case.

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Plaintiff filed a motion for appointment of counsel, which was denied, but no other

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response. In that motion, Plaintiff does not contest that the dismissals cited in the order to

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show cause constitute fall within the definition of Section 1915(g). He does appear to be

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arguing that he should be allowed to proceed IFP because he is in “imminent danger,” see

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28 U.S.C. § 1915(g) (providing for “imminent danger” exception), insofar as he alleges

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that he has suffered excessive force, first by police officers and Yolo County Sheriff

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officials in 2009, and then by prison officials in 2012. None of these alleged incidents of

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excessive force occurred at the prison where Plaintiff is currently incarcerated, nor does

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Plaintiff allege that the force was applied individuals with whom he currently has contact.

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Plaintiff has not otherwise shown that he is in “imminent danger” of physical harm.

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Consequently, he has not shown cause why this case should not be dismissed and in

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forma pauperis should not be denied under Section 1915(g), this case is DISMISSED

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without prejudice and the application to proceed in forma pauperis DENIED. No fee is

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due.

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The Clerk shall enter judgment and close the file.

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IT IS SO ORDERED.

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DATED: December 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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ANTHONY TURNER,

Case Number: CV13-01825 JSW

Plaintiff,

CERTIFICATE OF SERVICE

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v.

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JERRY BROWN ET AL 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 December 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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Anthony R.G. Turner
P.O. Box 1050
G27511
Soledad, CA 93960
Dated: December 9, 2013
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk