Tagle Sr v. DHS/ICC Ins

Filing 12

ORDER that Plaintiff's 7 and 9 Motions/Applications for Leave to Proceed in forma pauperis are DENIED. Filing fee of $400.00 is due by 8/22/2019. Plaintiff's 11 Motion to Reinstate his motion for a speedy trial, hearing, and transportation is DENIED without prejudice. Signed by Magistrate Judge Carl W. Hoffman on 7/22/2019. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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VICTOR M. TAGLE, SR.,

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Case No. 2:18-cv-00694-APG-CWH

Plaintiff,
ORDER

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v.

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DHS/ICC INS., et al.,

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Defendants.

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Pro se plaintiff Victor M. Tagle, Sr. submitted a civil-rights complaint under 42 U.S.C.

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§ 1983 (ECF No. 1-1) and applications to proceed in forma pauperis (ECF Nos. 7, 9). He has an

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extensive history of filing civil actions in this court that are either malicious or that fail to state a

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claim, 1 so he is ineligible for pauper status unless he is “under imminent danger of serious

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physical injury.” See 28 U.S.C. § 1915(g) (a prisoner that has filed 3 or more cases that were

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dismissed for frivolity, maliciousness, or a failure to state a claim may not proceed in forma

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pauperis unless he is in imminent danger of serious injury); see also Tagle v. Core Civic America,

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No. 18-16377 (9th Cir. 2018) (where the Ninth Circuit concludes that the district court correctly

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determined that Tagle had three prior actions dismissed as frivolous, malicious, or for failure to

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state a claim pursuant to 28 U.S.C. § 1915(g)). Given Tagle’s current three-strikes status, the

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court will first review Tagle’s complaint to determine if he alleges imminent danger of serious

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physical injury.

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See Tagle v. State of Nevada, 2:15-cv-02083-RCJ-GWF (dismissed for failure to state a claim); Tagle v.
State of Nevada, 2:15-cv-02358-MMD-PAL (dismissed for maliciousness and failure to state a claim);
Tagle v. State of Nevada, 2:16-cv-00852-JAD-VCF (dismissed for maliciousness and failure to state a
claim). The court takes judicial notice of the records in these cases.

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Tagle alleges that he is imprisoned and faces murder from Mexican authorities on the sole

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basis of serving as a United States Soldier. (ECF No. 1-1.) Tagle’s complaint details an account

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of becoming a conditional permanent resident in 1988, enlisting in the army in 1989, various

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issues he encountered with DHS/INS, and a possible attempt to re-enlist in the army 1999. Tagle

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further alleges that since attending his father’s funeral in Mexico in 1993, he has faced death

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threats from the Mexican authorities. Tagle requests that the court assist him with the issue of his

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citizenship.

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Having reviewed Tagle’s complaint, the court finds Tagle does not allege imminent
danger of serious physical injury. As such, the court will deny Tagle’s motions to proceed in

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forma pauperis. Tagle must pay the $400 filing fee in full before he may proceed with this

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action. The court will deny all Tagle’s other pending motion without prejudice for Tagle to

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renew the motion after the matter of the filing fee is resolved.

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IT IS THEREFORE ORDERED that Tagle’s motions for leave to proceed in forma

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pauperis (ECF Nos. 7, 9) are DENIED. Tagle must pay the filing fee in full by August 22, 2019.

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Tagle is advised that failure to comply with this order will result in a recommendation that this

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case be dismissed.

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IT IS FURTHER ORDERED that Tagle’s motion to reinstate his motion for a speedy
trial, hearing, and transportation (ECF No. 11) is DENIED without prejudice.

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DATED: July 22, 2019

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C.W. HOFFMAN, JR.
UNITED STATES MAGISTRATE JUDGE

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