Glenn v. V.O.Z.
Filing
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Order: This action is DISMISSED. Signed on 01/24/2018 by Judge Ann L. Aiken. (copy of order mailed to plaintiff) (jw)
UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
MELREE LAREA GLENN,
Case No. 3:18-cv-00008- A
Plaintiff,
v.
V.O.Z.,
Defendant.
AIKEN, District Judge:
Plaintiff, an inmate currently housed at Two Rivers Correctional Institution, files
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action pursuant to 42 U.S.C. § 1983 and applies to proceed in forma pauperis (IFP). However at
the time plaintiff filed the instant complaint, plaintiff had filed more than three actions in
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District that were dismissed for failure to state a claim and/or as frivolous. Accordingly, plain iff
is not entitled to proceed IFP, and he must submit the full $400.00 fee to proceed with t is
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action. Alternatively, plaintiff must explain why he is not barred from proceeding IFP despite he
cases that were dismissed for failure to state a claim and/or as frivolous.
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ORDER
A prisoner may not proceed IFP - without paying the requisite filing fee - if "the pris ner
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 i is
frivolous, malicious, or fails to state a claim upon which relief may be granted, unless
prisoner is under imminent danger of serious physical irtjury." 28 U.S.C. § 1915(g). Generall
case dismissed for the reasons set forth in § 19 l 5(g) is considered a "strike" against the priso
with three "strikes" prohibiting IFP status. Andrews v. Cervantes, 493 F .3d 104 7, 1049 (9th
ir.
2007) (referring to § 1915(g) as the "three-strikes rule").
Prior to filing the instant complaint, plaintiff had filed eighteen cases while incarcerat d,
and seventeen cases were dismissed for failure to state a claim and/or as frivolous: 1
1. Glenn v. State of Oregon, et al., Case No. 3:17-cv-01317-AA (dismissed on Novem
14, 2017 for failure to state a claim);
2. Glenn v. State of Oregon, et al., Case No. 3: 17-cv-01325-AA (dismissed on October 7,
2017 for failure to state a claim);
3. Glenn v. United States of America, et al., Case No. 3:17-cv-01346-AA (dismissed n
October 17, 2017 for failure to state a claim);
4. Glenn v. United States of America, et al., Case No. 3:17-cv-01347-AA (dismissed n
October 17, 2017 for failure to state a claim and as frivolous);
5. Glenn v. United States of America, et al., Case No. 3:17-cv-01348-AA (dismissed n
October 17, 2017 for failure to state a claim and as frivolous);
6. Glenn v. State of Oregon, et al., Case No. 3:17-cv-01374-AA (dismissed on October 1 ,
2017 for failure to state a claim);
7. Glenn v. State of Oregon, et al., Case No. 3:17-cv-01375-AA (dismissed on October 1 ,
2017 for failure to state a claim and as frivolous);
8. Glenn v. State of Oregon, et al., Case No. 3:17-cv-01376-AA (dismissed on October 1 ,
2017 for failure to state a claim);
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The remaining case was dismissed on grounds of jurisdiction and comity.
ORDER
9. Glenn v. State of Oregon, et al., Case No. 3: 17-cv-01377-AA (dismissed on October 17,
2017 for failure to state a claim);
10. Glenn v. State of Oregon, et al., Case No. 3:17-cv-01378-AA (dismissed on October 17,
2017 for failure to state a claim);
11. Glenn v. United States of America, et al., Case No. 3:17-cv-01379-AA (dismissed on
October 17, 2017 for failure to state a claim);
12. Glenn v. State of Oregon, et al., Case No. 3: 17-cv-01380-AA (dismissed on October 17,
2017 for failure to state a claim);
13. Glenn v. State of Oregon, et al., Case No. 3:17-cv-01576-AA (dismissed on October 17,
2017 for failure to state a claim);
14. Glenn v. State of Oregon, et al., Case No. 3:17-cv-01616-AA (dismissed on October 7,
2017 for failure to state a claim);
15. Glenn v. State of Oregon, et al., Case No. 3:17-cv-01633-AA (dismissed on October 4,
2017 for failure to state a claim and as frivolous);
16. Glenn v. State of Oregon, et al., Case No. 3:17-cv-01634-AA (dismissed on October 4,
2017 for failure to state a claim and as frivolous);
17. Glenn v. State of Oregon, et al., Case No. 6: 17-cv-01922-AA (dismissed on December 7,
2017 for failure to state a claim).
Accordingly, plaintiff has accumulated more than three strikes, and he may not proce d
IFP unless he was under "imminent danger of serious physical injury" at the time he brought t e
current action. 28 U.S.C. § 1915(g); Andrews, 493 F.3d at 1053. Here, plaintiff does not alle e
imminent danger or injury; rather, plaintiff alleges that he frequented a location or facil'ty
advertised in a publication ("Street Roots") "sponsored" by defendant, resulting in drug charg s
against him. Plaintiff apparently obtained syringes at the location, and they were confiscated a d
used as evidence when he was arrested for possession of methamphetamine.
Normally, the court would allow plaintiff to submit the filing fee to proceed with t
action or explain why the above-named actions should not count as "strikes" precluding I P
status. See In re Pauline, 2015 WL 1349649, at *2 (D. Haw. Mar. 24, 2015) ("The district co
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ORDER
may dismiss sua sponte an action that is barred by § 1915(g) after notifying the prisoner of the
strikes it considers to support such a dismissal, and affording the prisoner an opportunity t be
heard before dismissal."). However, as plaintiff has been advised previously, a private party s ch
as V.O.Z. generally cannot be sued under § 1983. Even if plaintiff pays the filing fee, he fail to
state a claim and amendment would be futile. Accordingly, this action is dismissed.
CONCLUSION
This action is DISMISSED.
IT IS SO ORDERED.
DATED thi~day of January, 2018.
Ann Aiken
United States District Judge
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