BARNES v. TEMPLE UNIVERSITY COLLEGE
Filing
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OPINION filed. Signed by Judge Freda L. Wolfson on 4/11/2012. (mmh)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
JAMES ANTHONY BARNES,
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Plaintiff,
v.
TEMPLE UNIVERSITY COLLEGE,
Defendant.
Civil Action No. 11-5445 (FLW)
MEMORANDUM OPINION
APPEARANCES:
JAMES ANTHONY BARNES, Plaintiff pro se
#507188
Mercer County Correction Center
P.O. Box 8068
Lambertville, New Jersey 08610
WOLFSON, District Judge
Plaintiff James Anthony Barnes, a state inmate presently
confined at the Mercer County Detention Center in Lambertville,
New Jersey, seeks to bring this civil action in forma pauperis,
pursuant to 28 U.S.C. § 1915.
For the following reasons,
Plaintiff’s request to proceed in forma pauperis will be denied.
BACKGROUND
Plaintiff brings this Complaint against the Temple
University College.
However, the Complaint alleges
unintelligible claims against numerous individuals and entities
with limited allegations against the named defendant.
In fact,
the Complaint is a handwritten jumble of allegations that are
mostly incomprehensible, rambling and incoherent.
The mostly
indecipherable allegations appear to involve numerous
unidentified persons and unrelated incidents involving the sale
of drugs, pornography, homosexuality and alleged sexual assaults.
Plaintiff offers delusional rants about cannibalism, baby
murders, trafficking of human body parts, homosexual behavior,
sexual identity surgeries, police and other governmental official
corruption, child molestation, stolen social security payments,
drug addiction, drug sales, sexual encounters, and
misappropriation of inmate and college student monies.
Plaintiff
also alleges, in a string of plainly delusional allegations, that
food prepared at the Mercer County Detention Center contains
human and baby body parts, dead dogs and cats with rabies and
other diseases, trash, animal feces and urine blended into
sausage in the kitchen of the Temple University College in
Philadelphia, Pennsylvania.
For the most part, this Complaint is
generally duplicative of several, earlier submitted Complaints
that were administratively terminated pursuant to 28 U.S.C. §
1915(g).
Plaintiff does not indicate the relief he seeks.1
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Barnes v. Mercer County Correction Center, et al., Civil
No. 11-3554 (FLW); Barnes v. Thomas, Civil No. 11-3555 (FLW);
Barnes v. Dunkin Donuts, et al., Civil No. 11-3761 (FLW); Barnes
v. Department of Corrections, et al., Civil No. 11-3762 (FLW);
Barnes v. 7-Eleven, Civil No. 11-3763 (FLW); Barnes v. Internal
Affairs, et al., Civil No. 11-3798 (FLW); Barnes v. Trenton
Psychiatric Hospital, Civil No. 11-4028 (AET). Barnes has
continued to submit Complaints for filing, making similar
incoherent allegations against different defendants, including
this one and the following: Barnes v. Trenton Police Department,
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DISCUSSION
Plaintiff seeks to proceed with this action in forma
pauperis, pursuant to 28 U.S.C. § 1915.
The Prison Litigation Reform Act of 1995 (“PLRA”), enacted
on April 26, 1996, prohibits a prisoner from bringing a civil
action in forma pauperis pursuant to 28 U.S.C. § 1915 “if the
prisoner has, on 3 or more prior occasions, 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, unless the prisoner is under imminent danger of
serious physical injury.”
28 U.S.C. § 1915(g); see also Keener
v. Pennsylvania Board of Probation & Parole, 128 F.3d 143, 144-45
(3d Cir. 1997) (holding that frivolousness dismissals prior to
enactment of PLRA count as "strikes" under § 1915(g)).
A
prisoner who has three or more such dismissals may be excused
from this rule only if he is "under imminent danger of serious
physical injury."
Id.
When deciding whether an inmate meets the
“imminent danger" requirement, a court must examine the situation
et al., Civil No. 11-4402 (FLW); Barnes v. The Philadelphia Mint
and Reserve for Washington D.C., Civil No. 11-4519 (FLW); Barnes
v. Mercer County Correction Center, et al., Civil No. 11-4520
(FLW); Barnes v. Trenton Municipal Court, et al., Civil No. 114624 (JAP); Barnes v. Mercer County Correction Center, et al.,
Civil No. 11-4641 (FLW); Barnes v. Mercer County Superior Court,
Civil No. 11-4777 (FLW); Barnes v. St. Francis Hospital, Civil
No. 11-4812 (FLW); and Barnes v. Mercer County Health Department,
Civil No. 11-4995 (FLW). All of these actions have been
administratively terminated.
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faced by the inmate at the time of the filing of the complaint,
and a showing of danger in the past is insufficient to
demonstrate “imminent danger.”
Abdul-Akbar v. McKelvie, 239 F.3d
307, 312 (3d Cir. 2001).
An examination of court records reveals plaintiff has filed
numerous civil actions in the District of New Jersey.
At least
three of these actions have been dismissed under 28 U.S.C. §§
1915(e)(2) and 1915A.
See, e.g., Barnes v. Mercer County Court
House, Civil No. 07-1194 (FLW); Barnes v. Trenton State Prison
Medical Department, Civil No. 09-1604 (GEB); Barnes v. Trenton
Police Department, Civil No. 09-5934 (JAP).
Accordingly, Plaintiff has reached the statutory limit as
set forth in 28 U.S.C. § 1915(g) and is precluded from seeking in
forma pauperis status based on the “three strikes” rule unless he
alleges facts to show that he is in “imminent danger of serious
physical injury”, which would excuse him from the restrictions
under § 1915(g).
In this Complaint, Plaintiff makes no allegations or claims
of “imminent danger.”
Rather, the Complaint appears to involve
past incidents of delusory and ludicrous acts of homosexual,
sexual and other outrageous behavior by mostly unidentified
persons allegedly against Plaintiff.
In addition, Plaintiff’s
far-fetched and unsupported ranting about past alleged food
contamination in MCCC, using human and newborn baby body parts,
animal feces, urine, body parts infected with diseases, and other
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trash, through a supply chain from the Temple University College
kitchen, is insufficient to show that Plaintiff is in imminent
danger of real harm.
As referenced above, the threat of imminent
danger must be prospective and cannot relate to a past incident
of harm as alleged here.
See Abdul-Akbar, 239 F.3d at 312.
Therefore, because the Complaint in this action does not contain
sufficient allegations reasonably suggesting that Plaintiff is in
“imminent danger of serious physical injury”, which would excuse
him from the restrictions under § 1915(g), Plaintiff may not
proceed in forma pauperis.
This Court makes no findings as to whether or not Defendant
has violated any state or federal law, or otherwise violated
Plaintiff’s constitutional rights.
However, this Court finds
that Plaintiff has not demonstrated “imminent danger” in order to
override the “three strikes” requirement of § 1915(g).
As
referenced above, the threat of imminent danger must be
prospective and cannot relate to a past incident of harm as
alleged here.
See Abdul-Akbar, 239 F.3d at 312.
Therefore,
because the Complaint in this action does not contain sufficient
allegations reasonably suggesting that Plaintiff is in “imminent
danger of serious physical injury”, which would excuse him from
the restrictions under § 1915(g), Plaintiff may not proceed in
forma pauperis.
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E.
All Writs Injunction (Preclusion) Order
Alternatively, this Court concludes that this action should
be dismissed because it was filed in violation of this Court’s
October 5, 2011 Opinion and All Writs Injunction Order.
See
Barnes v. Mercer County Health Department, Civil No. 11-4995
(FLW), Docket entry nos. 2 and 3.
CONCLUSION
Based on the foregoing, Plaintiff’s request to proceed
in forma pauperis will be denied, pursuant to 28 U.S.C. §
1915(g).
As set forth in the accompanying Order, Plaintiff’s
case will be administratively terminated.
Upon submission of the
filing fee within 30 days, Plaintiff may move to reopen his case,
if he so chooses, so long as his written submission complies with
the leave-to-file procedures as set forth in this Court’s October
5, 2011 All Writs Injunction Order filed in Barnes v. Mercer
County Health Department, Civil No. 11-4995 (FLW), Docket entry
no. 3.
An appropriate Order accompanies this Opinion.
s/Freda L. Wolfson
FREDA L. WOLFSON
United States District Judge
Dated: April 11, 2012
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