In re: Jerome Talley

Filing 28

ORDER RE: § 1983 COMPLAINT AND BIVENS COMPLAINT (DKTS. #26-1 AND #27-1) AND DENYING IFP APPLICATIONS by Judge Ricardo S Martinez. Pursuant to the terms of his Bar Order, Respondent is not permitted to proceed in forma pauperis. His IFP applications (Dkts. #26 and #27) are DENIED and he will not be permitted to proceed with this complaints unless or until he has paid the full filing fees for both actions.**3 PAGE(S), PRINT ALL**(ST)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 CASE NO. 15-MC-164- MJP In re: 11 12 13 JEROME TALLEY, Respondent. ORDER RE: § 1983 COMPLAINT AND BIVENS COMPLAINT (DKTS. #26-1 AND #27-1) AND DENYING IFP APPLICATIONS 14 The Court is in receipt of two pleadings received from Respondent entitled “Federal Civil 15 Rights Complaint Brought by a Prisoner Under 42 U.S.C. Sec. 1983 Against State Actors for 16 Deprivation” (Dkt. #27-1) and “Federal Civil Rights Complaint and Bivens Action Brought By a 17 Prisoner Against State and Federal Actors Under 42 U.S.C. Sec. 1983 and Bivens v. Six Unknown 18 Fed. Narcodic [sic] Agents, ___ U.S. ___ (1971)” (Dkt. #26-1). The former is accompanied by a 19 “Declaration to Proceed In Forma Pauperis” in which Respondent alleges “that my person is in 20 imminent danger of serious physical bodily injury or death in the near future” and pleads indigency 21 (Dkt. #27 at 1); and the latter is accompanied by a “Declaration of In Forma Pauperis” in which 22 Respondent again alleges that he is “in imminent danger of serous physical bodily injury or death 23 24 ORDER RE: § 1983 COMPLAINT AND BIVENS COMPLAINT (DKTS. #26-1 AND #27-1) AND DENYING IFP APPLICATIONS - 1 1 of his life in the very near future,” but instead of pleading indigency simply summarizes his cause 2 of action (Dkt. #26 at 1). 3 Respondent is currently under a Bar Order entered on November 25, 2015. Dkt. #3. 4 Among the conditions which must be met in order for any civil action filed by Respondent to 5 proceed are the following: 6 (1) 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. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Id. at 2. Respondent’s latest filings fail to meet both of these conditions. First, they are unaccompanied by signed affidavits stating under penalty of perjury that the Complaints allege matters not previously litigated. However, because a review of the pleadings indicates that they concern events of the past few months, the Court is satisfied that Respondent has not litigated the issues in this jurisdiction yet. Second (as with his other recent pleadings), Respondent’s averments that he believes himself to be “in imminent danger of serious physical bodily injury or death in the near future” (e.g., Dkt. #27-1 at 1) again completely fail to make a showing that he is in imminent danger of serious bodily injury or death as required by the Bar Order. Both of the proposed Complaints concern his allegations that recent state court pleadings of his have not been properly filed by the responsible individuals in the state court system. See Dkts. #26-1 and #27-1. No facts are alleged in his proposed Complaints or Declarations that suggest he is in any way endangered physically because of his conditions of confinement or the events alleged in the pleadings. ORDER RE: § 1983 COMPLAINT AND BIVENS COMPLAINT (DKTS. #26-1 AND #27-1) AND DENYING IFP APPLICATIONS - 2 1 Therefore, pursuant to the terms of his Bar Order, Respondent is not permitted to proceed 2 in forma pauperis. His IFP applications (Dkts. #26 and #27) are DENIED and he will not be 3 permitted to proceed with his Complaints unless or until he has paid the full filing fees for both 4 actions. 5 The Clerk SHALL provide a copy of this order to Respondent. 6 Dated this 19th day of July 2017. 7 8 9 A RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDER RE: § 1983 COMPLAINT AND BIVENS COMPLAINT (DKTS. #26-1 AND #27-1) AND DENYING IFP APPLICATIONS - 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?