Tagle v. Corrections Corporation America et al

Filing 4

ORDER denying 1 Motion/Application for Leave to Proceed in forma pauperis. Further ordered that this action will be dismissed without prejudice unless Plaintiff pays the $400.00 filing fee in full within thirty (30) days from the date of th is order. Further ordered that the Clerk of the Court shall send Plaintiff two copies of this order. Plaintiff shall make the necessary arrangements to have one copy of this order attached to the check paying the filing fee. Further ordered that the Clerk of the Court shall retain the "tort action" (ECF No. 1-1) but shall not file the document until the matter of the filing fee is resolved. Signed by Chief Judge Gloria M. Navarro on 12/26/2018. (Copies have been distributed pursuant to the NEF: 2 copies to plaintiff - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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VICTOR TAGLE,

Case No. 2:18-cv-01031-GMN-VCF

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Plaintiff,
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ORDER

v.

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CORRCTIONS CORPORATION OF
AMERICA et al.,

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Defendants.
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I.

DISCUSSION

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Plaintiff is a prisoner proceeding pro se. Plaintiff has submitted a document

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entitled “tort action” and an application to proceed in forma pauperis. (ECF Nos. 1, 1-1).

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However, on at least three (3) occasions, the Court has dismissed civil actions

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commenced by Plaintiff while in detention as malicious or for failure to state a claim upon
which any relief may be granted.1
Pursuant to 28 U.S.C. § 1915(g), “if [a] prisoner has, on 3 or more prior occasions,

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while incarcerated or detained in any facility, brought an action or appeal in a court of the
United States that was dismissed on the grounds that it is frivolous, malicious, or fails to
state a claim upon which relief may be granted,” he may not proceed in forma pauperis
and, instead, must pay the full $400.00 filing fee in advance unless he is “under imminent
danger of serious physical injury.” 28 U.S.C. § 1915(g).

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In his “tort action,” Plaintiff sues various Nevada Department of Corrections
(“NDOC”) employees, Core Civic employees, and deputy attorney generals for various
actions that appear to take place at both NDOC facilities and at the Saguaro Correctional

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See Tagle v. State of Nevada et al, 2:15-cv-02083-RCJ-GWF (dismissed for failure to
state a claim); Tagle v. State of Nevada et al, 2:15-cv-02358-MMD-PAL (dismissed for
maliciousness and failure to state a claim); and Tagle v. State of Nevada et al, 2:16-cv00852-JAD-VCF (dismissed for maliciousness and failure to state a claim). The Ninth
Circuit Court of Appeals has affirmed Plaintiff’s three-strikes status. See Tagle v. Core
Civic America et al., 2:18-cv-00544-JAD-NJK at ECF No. 31. The Court takes judicial
notice of its prior records in the above matters.
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Center in Eloy, Arizona.2 (See generally ECF No. 1-1). However, after reviewing these

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allegations, the Court finds that the allegations fail to plausibly allege that Plaintiff is in

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imminent danger of serious physical injury. See Andrews v. Cervantes, 493 F.3d 1047,

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1055 (9th Cir. 2007) (holding that the exception to § 1915(g) applies if the complaint

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makes a plausible allegation that the prisoner faced imminent danger of serious physical

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injury at the time of filing). As such, Plaintiff must pre-pay the $400.00 filing fee in full.
The Court further notes that, to the extent that Plaintiff seeks to sue the employees

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of the Saguaro Correctional Center for actions taking place in Arizona, Plaintiff should
sue those individuals in the United States District Court for the District of Arizona.3
II.

For the foregoing reasons, it is ordered that Plaintiff’s application to proceed in

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CONCLUSION

forma pauperis (ECF No. 1) is denied.
It is further ordered that this action will be dismissed without prejudice unless

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Plaintiff pays the $400.00 filing fee in full within thirty (30) days from the date of this order.

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It is further ordered that the Clerk of the Court shall send Plaintiff two copies of this
order. Plaintiff shall make the necessary arrangements to have one copy of this order
attached to the check paying the filing fee.
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Plaintiff is a prisoner in the custody of the NDOC who is being housed at a private prison
in Arizona.

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Pursuant to 28 U.S.C. § 1391(b), a plaintiff may bring an action in:
(1) a judicial district in which any defendant resides, if all defendants are
residents of the State in which the district is located; (2) a judicial district in
which a substantial part of the events or omissions giving rise to the claim
occurred, or a substantial part of property that is the subject of the action is
situated; or (3) if there is no district in which an action may otherwise be
brought as provided in this section, any judicial district in which any
defendant is subject to the court’s personal jurisdiction with respect to such
action.
28 U.S.C. § 1391(b)(1)-(3).
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It is further ordered that the Clerk of the Court shall retain the “tort action” (ECF
No. 1-1) but shall not file the document until the matter of the filing fee is resolved.

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DATED THIS _____ day of December 2018.

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Gloria M. Navarro, Chief Judge
United States District Court

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