Washington v. Miller et al

Filing 26

OPINION AND ORDER by Judge Ronald A. White : Denying plaintiff's motions to reconsider the denial of his motion to proceed in forma pauperis 18 20 21 . Plaintiff's second 22 Motion for Appointment of Counsel is DENIED AS MOOT. (acg, Deputy Clerk)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA ANTHONY B. WASHINGTON, Plaintiff, v. SGT. MILLER, et al., Defendants, ) ) ) ) ) ) ) ) ) No. CIV 18-097-RAW-SPS OPINION AND ORDER On December 3, 2018, the Court denied Plaintiff’s motion for reconsideration of the denial of his motion for leave to proceed in forma pauperis (Dkt. 14). The ifp motion was denied because Plaintiff had accumulated at least three “strikes” under 28 U.S.C. § 1915(g), and he did not allege he was in imminent danger of serious physical injury at the time he filed the complaint (Dkt. 9). Plaintiff now has filed three additional motions for reconsideration of the Court’s denial of his ifp motion (Dkts. 18, 20, 21). In his present motions for reconsideration, Plaintiff presents essentially the same claims as were set forth in his first motion for reconsideration (Dkt. 10) plus assertions that at his present facility, other inmates have threatened and fought him. This additional information is not relevant, however, because the complaint only concerned incidents and defendants at the prior facility. ACCORDINGLY, Plaintiff’s motions to reconsider the denial of his motion to proceed in forma pauperis (Dkts. 18, 20, 21) are DENIED. Plaintiff’s second motion for appointment of counsel (Dkt. 22) is DENIED AS MOOT. IT IS SO ORDERED this 3rd day of September 2019. 2

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