In re: Jerome Talley

Filing 15

ORDER by Judge Ricardo S Martinez. Proposed petition is barred and SHALL NOT BE FILED with the Court.**2 PAGE(S), PRINT ALL**(ST)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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CASE NO. MC15-0164MJP

In re: JEROME TALLEY,

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Respondent.

ORDER

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Respondent is the subject of a Bar Order which directs (among other things):

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Respondent Jerome Talley is prohibited from filing any civil action in the
Western District of Washington unless the complaint or petition is
accompanied by a signed affidavit stating under penalty of perjury that the
complaint contains new allegations not previously litigated. Mr. Talley may
not proceed in forma pauperis in any § 1983 or Bivens action without a
showing that he is in imminent danger of serious bodily injury or death. Any
complaint or petition filed by Mr. Talley that is not accompanied by a signed
affidavit and/or an imminent danger showing will not be filed.

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Dkt. #3 at 2. The Order further directs that:
Any habeas petition that is accompanied by the full filing fee or a completed
application to proceed in forma pauperis will be docketed in this case, No.
3:15-mc-164 MJP, and reviewed by the Chief Judge, under the requirements
of 28 U.S.C. § 1915(g), who will determine whether the case may proceed.

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Id.
On June 8, 2017, Respondent caused to be filed in this District a proposed “Petition Under
28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody.” Dkt. #14. It appears
that Mr. Talley is seeking to be transferred from the custody of the Department of Corrections in

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ORDER - 1

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the State of Washington to the State of Nevada in order to address a case or cases that he has

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pending in that jurisdiction. Dkt. #14. The proposed Petition is accompanied by a proposed

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application to proceed in forma pauperis (“IFP”). See Dkt. #14-1.

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As required by the Bar Order, Respondent’s filing was sent to the Undersigned for review.

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See Dkt. #3 at 2. The filing is not accompanied by a Declaration under perjury that the Petition

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contains new allegations never before litigated; however, the Court is satisfied from a review of

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the filing that the Petition contains previously-unlitigated allegations. However, the Court notes

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that Respondent fails to show that he is in imminent danger of serious bodily injury or death.

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Section 1915(g) specifically states:

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In no event shall a prisoner bring a civil action or appeal a judgment 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 of
serious physical injury.

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28 U.S.C. § 1915(g) (emphasis added). Because Respondent has failed to make such a showing,

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and because he is subject to more than three strikes in this District, this proposed Petition is barred

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and SHALL NOT BE FILED with the Court.

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The Clerk SHALL provide a copy of this order to Respondent.

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DATED this 14 day of June, 2017.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER - 2