Demos v. The United States et al

Filing 5

ORDER Dismissing Complaint. Signed by U. S. District Judge Lawrence L. Piersol on 7/25/12. (CMS)

PILED

UNITED STATES DISTRICT COURT

JUL 25 2012

DISTRICT OF SOUTH DAKOTA

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SOUTHERN DIVISION
JOHN ROBERT DEMOS, JR.,
Plaintiff,
vs.
THE UNITED STATES, and
THE STATE OF WASHINGTON,
Defendants.

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Civ. 12-4096-LLP

ORDER DISMISSING COMPLAINT

Plaintiff, John Robert Demos, Jr., moves for leave to proceed in forma pauperis in his lawsuit
against defendants. Demos is incarcerated at the Clallam Bay Corrections Cneter in Clallam Bay,
Washington. Demos seeks to file an admiralty action, asserting that "the State of Washington law
enforcement officers boarded a foreign vessel without the consent of the foreign state[.]" Docket 1 at 3.
Demos asserts that this amounted to piracy and that he was a passenger aboard the cruise ship, Blue
Water Adventures. Id. at 4-5. Demos seeks "mental, emotional, psychological, moral, statuory, general,
special, and remedial damages." Id. at 5.
The Prison Litigation Reform Act (PLRA), 28 U.S.c. § 1915, requires "[a] prisoner seeking to
bring a civil action ..." to make an initial partial filing payment where possible, even ifin forma pauperis
status is sought. When an inmate seeks in forma pauperis status, the only issue is whether the inmate pays
the entire fee at the initiation of the proceedings or over a period of time under an installment plan.
Henderson v. Norris, 129 F.3d 481,483 (8th Cir. 1997) (internal citations omitted). The PLRA also
provides that :
In no event shall a prisoner bring a civil action or appeal ajudgment in a civil action or
proceeding under this section 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 ofserious physical injury.
28 U.S.C.§ 1915(g) (emphasis added).

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Demos has a long history of abusive litigation. He has filed numerous actions in other courts that
qualify as strikes against him under section 1915(g). See e.g., Demos v. Ryan, Civil No. 00-921 (D.N.J.
Sept. 18, 2000)(failure to state a claim); Demos v. Warner-Lambert Co., Civil No. 94-5309 (D.N.J. Aug.
28, 1995)(failure to state a claim); Demos v. Doe, Chairman, Mars Incorporated Candy Co., Civil No.
94-4780 (D.N.J. Sept. 30, 1994)(dismissed as frivolous). The case of Demos v. Doe, Chairman,

American Institute/or Food Distribution, Civil No. 05-5843, 2006 WL 891447 (D.N.J. Apr. 4, 2006)
provides a list of twenty-five other lawsuits that have been dismissed as frivolous or for failure to state a
claim. Additionally, Demos has had cases dismissed because of application of the three strikes rule. See

e.g., Demos v. Doe, Chairman, American Institute/or Food Distribution, Civil No. 05-5843,2006 WL
891447 (D.N.J. Apr. 4, 2006); Demos v. Doe, Chairman, Master Foods USA,

Civ~l

No. 05-5806,2006

WL 840391 (D.N.J. March 24, 2006). Demos has even been sanctioned by the Supreme Court of the
United States for frivolous filings. See Demos v. Storrie, 507 U.S. 290,290-91 (1993).
Because Demos has had at least three civil complaints or appeals previously dismissed as
frivolous or for failing to state a claim upon which relief may be granted, he is required to show that he is
in "imminent danger of serious physical injury" before he may proceed in forma pauperis. Demos does
not make this allegation. Thus, he is barred from litigating in forma pauperis under 28 U.S.C. § 1915(g).
Therefore, it is
ORDERED that Demos's motion for leave to proceed in forma pauperis (Docket 2) is denied
and his complaint is dismissed pursuant to § 1915(g).

Dated this

~ay of July, 2012.

BY THE COURT:

awrence L. Piersol
nited States District Judge
ATTEST:

JOSEPH HAAS, CLERK

BY:~~
DEPUTY

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