Matthews v. Travis et al

Filing 6

ORDER denying 1 Motion/Application for Leave to Proceed in forma pauperis and denying 3 Motion for Preliminary Injunction. Payment of filing fees due within 30 days. Clerk shall send Plaintiff two copies of order and Plaintiff shall make arrangements to have one copy attached to filing fee. Signed by Judge Robert C. Jones on 6/25/15. (Copies have been distributed pursuant to the NEF - JC)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 12 ) ) Plaintiff, ) ) v. ) ) MRS. TRAVIS et al., ) ) Defendants. ) ) ___________________________________ ) 13 I. 7 8 9 10 11 FELTON L. MATTHEWS, JR., 3:15-cv-130-RCJ-WGC ORDER DISCUSSION 14 Plaintiff is a prisoner proceeding pro se. Plaintiff has submitted a civil rights complaint 15 pursuant to 42 U.S.C. § 1983, an application to proceed in forma pauperis, a motion to file 16 extended complex complaint, and a motion for preliminary injunction. (ECF No. 1, 1-1, 1-2, 17 3). 18 commenced by Plaintiff while in detention as frivolous or for failure to state a claim upon which 19 any relief may be granted.1 However, on at least three (3) occasions, the Court has dismissed civil actions 20 Pursuant to 28 U.S.C. § 1915(g), "if [a] prisoner has, on 3 or more prior occasions, while 21 incarcerated or detained in any facility, brought an action or appeal in a court of the United 22 States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim 23 upon which relief may be granted," he may not proceed in forma pauperis and, instead, must 24 pay the full $400.00 filing fee in advance unless he is "under imminent danger of serious 25 physical injury." 28 U.S.C. § 1915(g). 26 In his complaint, Plaintiff appears to allege his dissatisfaction with the medical staff, his 27 28 1 See Matthews v. Avants, 2:01-cv-00474-RLH-LRL (failure to state a claim); Matthews v. Avants, 2:02-cv-00209-LRH-PAL (failure to state a claim); and Matthews v. City of Henderson, 3:02-cv-00538-HDM-RAM (failure to state a claim). The Court takes judicial notice of these cases. 1 sex offender classification, and his prison diet. (See generally ECF No. 1-2). With respect to 2 his medical dissatisfaction, Plaintiff believes he should receive a second opinion from a 3 specialist regarding his intestinal and genital pain even though the prison doctors believe his 4 pain is psychosomatic. (See generally ECF No. 1-2; ECF No. 3). The Court finds that these 5 allegations fail to plausibly allege that Plaintiff is in imminent danger of serious physical injury. 6 See Andrews v. Cervantes, 493 F.3d 1047, 1055 (9th Cir. 2007) (holding that the exception 7 to § 1915(g) applies if the complaint makes a plausible allegation that the prisoner faced 8 imminent danger of serious physical injury at the time of filing). As such, Plaintiff must pre-pay 9 the $400.00 filing fee in full. The Court denies Plaintiff’s motion for preliminary injunction (ECF No. 3) because the 10 11 motion is based on the same allegations as his complaint. 12 II. 13 14 15 16 CONCLUSION For the foregoing reasons, it is ordered that Plaintiff's application to proceed in forma pauperis (ECF No. 1) is denied. It is further ordered that this action will be dismissed without prejudice unless Plaintiff pays the $400.00 filing fee in full within thirty (30) days of entry of this order. 17 It is further ordered that the Clerk of the Court shall send Plaintiff two copies of this 18 order. Plaintiff shall make the necessary arrangements to have one copy of this order 19 attached to the check paying the filing fee. 20 It is further ordered that the motion for preliminary injunction (ECF No. 3) is denied. 21 It is further ordered that the Clerk of the Court shall retain the complaint (ECF No. 1-1). 22 It is further ordered that the Court defers a decision on the motion to file an extended 23 complaint (ECF No. 1-1) until the matter of the filing fee has been resolved. 24 25 Dated this 25th daydayJune, 2015. DATED: This __ of of June, 2015. 26 27 _________________________________ United States District Judge 28 2

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