Langford v. Dzurenda

Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 JUSTIN ODELL LANGFORD, Case No. 3:20-cv-00159-RFB-CLB 4 Plaintiff, THREE STRIKES ORDER 5 v.

6 JAMES DZURENDA et al.,

7 Defendants.

8 9 I. DISCUSSION 10 Plaintiff is a prisoner proceeding pro se. On March 10, 2020, Plaintiff submitted a 11 civil rights complaint pursuant to 42 U.S.C. § 1983. (ECF No. 1-1). On March 19, 2020, Plaintiff submitted a fully complete application to proceed in forma pauperis. (ECF No. 12 4). However, on at least three (3) prior occasions, the Court has dismissed civil actions 13 commenced by Plaintiff while in detention as frivolous or for failure to state a claim upon 14 which any relief may be granted.1 15 Pursuant to 28 U.S.C. § 1915(g), “if [a] prisoner has, on 3 or more prior occasions, 16 while incarcerated or detained in any facility, brought an action or appeal in a court of the 17 United States that was dismissed on the grounds that it is frivolous, malicious, or fails to 18 state a claim upon which relief may be granted,” he may not proceed in forma pauperis 19 and, instead, must pay the full $400.00 filing fee in advance unless he is “under imminent 20 danger of serious physical injury.” 28 U.S.C. § 1915(g). 21 In his complaint, Plaintiff appears to allege his dissatisfaction with his legal mail, 22 grievances, and law library access in December 2018 and February 2019. (See generally 23 ECF No. 1-1). The Court finds that these allegations fail to plausibly allege that Plaintiff is 24 in imminent danger of serious physical injury. See Andrews v. Cervantes, 493 F.3d 1047, 25 1 See Langford v. Grierson, 3:19-cv-00193-MMD-CLB at ECF Nos. 8, 13 (dismissed on 26 September 27, 2019, for failure to state a claim and appeal dismissed as frivolous on December 12, 2019); Langford v. Cobb, 3:19-cv-00326-MMD-CLB at ECF Nos. 6, 11 27 (dismissed on September 27, 2019 for failure to state a claim and appeal dismissed as frivolous on December 12, 2019). The Court takes judicial notice of its prior records in 1055-56 (9th Cir. 2007) (holding that the exception to § 1915(g) applies if the complaint 2|| makes a plausible allegation that the prisoner faced an ongoing danger of serious 3|| physical injury at the time of filing). As such, Plaintiff must pre-pay the $400.00 filing fee in full. 5|| Ul. CONCLUSION 6 For the foregoing reasons, it is ordered that Plaintiff's application to proceed in 7 forma pauperis (ECF No. 4) is denied. 8 It is further ordered that this action will be dismissed without prejudice unless 9 Plaintiff pays the $400.00 filing fee in full within thirty (30) days of entry of this order. 40 It is further ordered that the Clerk of the Court shall send Plaintiff two copies of this

44 order. Plaintiff shall make the necessary arrangements to have one copy of this order

12 attached to the check paying the filing fee. It is further ordered that the Clerk of the Court shall retain the complaint (ECF No. 1-1) but will not file it at this time. 14 15 16 DATED THIS 11" day of January, 2021.

17 AS. — UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 ? The filing fee for cases initiated prior to pecember 1, 2020 is $400.