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)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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CASE NO. 15-MC-164- MJP

In re:
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JEROME TALLEY,
Respondent.

ORDER RE: § 1983 COMPLAINT
AND BIVENS COMPLAINT (DKTS.
#26-1 AND #27-1) AND DENYING
IFP APPLICATIONS

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The Court is in receipt of two pleadings received from Respondent entitled “Federal Civil

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Rights Complaint Brought by a Prisoner Under 42 U.S.C. Sec. 1983 Against State Actors for

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Deprivation” (Dkt. #27-1) and “Federal Civil Rights Complaint and Bivens Action Brought By a

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Prisoner Against State and Federal Actors Under 42 U.S.C. Sec. 1983 and Bivens v. Six Unknown

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Fed. Narcodic [sic] Agents, ___ U.S. ___ (1971)” (Dkt. #26-1). The former is accompanied by a

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“Declaration to Proceed In Forma Pauperis” in which Respondent alleges “that my person is in

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imminent danger of serious physical bodily injury or death in the near future” and pleads indigency

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(Dkt. #27 at 1); and the latter is accompanied by a “Declaration of In Forma Pauperis” in which

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Respondent again alleges that he is “in imminent danger of serous physical bodily injury or death

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ORDER RE: § 1983 COMPLAINT AND BIVENS COMPLAINT (DKTS. #26-1 AND #27-1) AND DENYING
IFP APPLICATIONS - 1

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of his life in the very near future,” but instead of pleading indigency simply summarizes his cause

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of action (Dkt. #26 at 1).

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Respondent is currently under a Bar Order entered on November 25, 2015. Dkt. #3.

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Among the conditions which must be met in order for any civil action filed by Respondent to

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proceed are the following:

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(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.

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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

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Therefore, pursuant to the terms of his Bar Order, Respondent is not permitted to proceed

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in forma pauperis. His IFP applications (Dkts. #26 and #27) are DENIED and he will not be

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permitted to proceed with his Complaints unless or until he has paid the full filing fees for both

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actions.

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

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Dated this 19th day of July 2017.

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A

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER RE: § 1983 COMPLAINT AND BIVENS COMPLAINT (DKTS. #26-1 AND #27-1) AND DENYING
IFP APPLICATIONS - 3