Joiner v. Solomon
Filing
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ORDER that the Clerk is not to file any further docs of pleadings from Raymond Dakim Harris Joiner, also known as Sin York City, unless they are accompanied by the entire applicable filing fee. See Order for further instruction. Signed by Chief Judge Frank D. Whitney on 7/6/2017. (Pro se litigant served by US Mail.)(kby)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:17-cv-00087-FDW
RAYMOND DAKIM HARRIS JOINER, )
)
Plaintiff,
)
)
vs.
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)
GEORGE SOLOMON,
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ORDER
Defendant.
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____________________________________)
THIS MATTER is before the Court on its own motion. Plaintiff Raymond Dakim
Harris Joiner, also known as Sin York City, is a prisoner of the State of North Carolina. He has
filed dozens of civil actions in the federal district courts of North Carolina, alleging violations of
his civil rights by various governmental entities and officials. See Admin. Office of the U.S.
Courts, PACER Case Locator, www.pacer.gov (search "Joiner, Raymond" in North Carolina)
(last viewed June 29, 2017).
The Prisoner Litigation Reform Act (“PLRA”) provides, in part, that if a prisoner has had
three prior cases dismissed as frivolous, malicious, or for failure to state a claim for which relief
may be granted, the prisoner may not proceed in forma pauperis but must pay up-front all filing
fees for his subsequent suits, unless the prisoner is under imminent danger of serious physical
injury. 28 U.S.C. § 1915(g); see also Blakely v. Wards, 738 F.3d 607, 609 (4th Cir. 2013), as
amended (Oct. 22, 2013). Plaintiff has had the following civil actions dismissed as frivolous,
malicious, and/or for failure to state a claim for which relief may be granted: Joiner v.
Solomon, et al., No. 1:17-cv-147-FDW (W.D.N.C. Feb. 16, 2017) (frivolous, failure to state a
claim); Joiner v. Dep’t of Public Safety et al., No. 1:13-cv-933-NCT-LPA (M.D.N.C. Jan. 18,
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2017) (frivolous, failure to state a claim); Joiner v. Solomon, No. 1:16-cv-396-FDW (W.D.N.C.
Dec. 20, 2016) (failure to state a claim); Joiner v. Ingram, No. 1:14-cv-672-NCT-LPA
(M.D.N.C. Aug. 24, 2016) (frivolous, malicious, failure to state a claim); Joiner v. Dep’t of
Public Safety, No. 1:13-cv-449-NCT-LPA (M.D.N.C. April 11, 2016) (frivolous); Joiner v.
Friel, et al., No. 1:13-cv-448-NCT-LPA (M.D.N.C. April 11, 2016) (frivolous, malicious, failure
to state a claim); Joiner v. Forsyth County Detention Center, No. 1:13-cv-931-NCT-LPA
(M.D.N.C. Dec. 30, 2015) (failure to state a claim); Joiner v. Keever, No. 1:13-cv-636-NCTLPA (M.D.N.C. Oct. 7, 2014) (failure to state a claim); Joiner v. Maness, No. 1:11-cv-71-NCTLPA (M.D.N.C. Feb. 17, 2012) (frivolous, malicious, failure to state a claim); Joiner v. Maness,
et al., No. 1:11-cv-72-NCT-LPA (M.D.N.C. Nov. 10, 2011) (frivolous, malicious, failure to state
a claim); and Joiner v. Maness, No. 1:11-cv-72-NCT-LPA (M.D.N.C. Nov. 10, 2011)
(frivolous, malicious, failure to state a claim).
The PLRA “three-strikes” rule was enacted to bar prisoners like Plaintiff, who have filed
prior frivolous litigation in a federal court, from pursuing certain types of federal civil litigation
without prepayment of the filing fee. See 28 U.S.C. § 1915(g). Plaintiff has had the following
civil cases dismissed under the “three-strikes” rule: Joiner v. Solomon, No. 5:16-CT-3261-D
(E.D.N.C. Mar. 23, 2017); Joiner v. Herring, No. 5:16-ct-03210-D (E.D.N.C. Mar. 23, 2017);
Joiner v. North Carolina, No. 5:14-ct-3278-D (E.D.N.C. April 28, 2015); Sin York City v.
N.C. Dep’t of Public Safety, No. 5:14-ct-03262-D (E.D.N.C. April 28, 2015); and Sin York
City v. North Carolina, 5:14-cv-00557-D (E.D.N.C. April 28, 2015). The above-captioned
action, No. 1:17-cv-87, likewise was dismissed under § 1915(g). (Doc. Nos. 6, 7.)
Based upon his prior litigation history, it appears likely Plaintiff will continue to file
frivolous civil actions as long as he is permitted to do so. Litigants do not have an absolute and
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unconditional right of access to federal courts in order to prosecute frivolous, successive, abusive
or vexatious legal actions, however. See e.g., In re Vincent, 105 F.3d 943, 945 (4th Cir. 1997).
Courts possess the inherent power to control the judicial process and to redress conduct that
abuses that process. Silvestri v. Gen. Motors Corp., 271 F.3d 583, 590 (4th Cir. 2001).
IT IS, THEREFORE, ORDERED that:
1. The Clerk is directed not to file any further documents or purported pleadings from
Raymond Dakim Harris Joiner, also known as Sin York City, unless they are
accompanied by the entire applicable filing fee.
2. The Clerk shall forward any proposed filing that is not accompanied by the entire
filing fee to the Court for an in camera determination of whether the proposed filing:
a. falls under the exception to 28 U.S.C. § 1915(g)’s prohibition on proceeding
in forma pauperis; or
b. is an otherwise proper pleading.
3. Unless the Court finds that the proposed filing constitutes proper pleadings, it shall be
returned to the sender.
Signed: July 6, 2017
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