Winterer v. Solicitor General of the United States

Opinion

1 EASTERN DISTRICT OF WASHINGTON 2 Jul 08, 2025 3 SEAN F. MCAVOY, CLERK 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF WASHINGTON 8 9 10 JARED ANTHONY WINTERER, No. 2:25-CV-00141-SAB 11 Petitioner, 12 v. ORDER DENYING LEAVE TO 13 SOLICITOR GENERAL OF THE PROCEED IN FORMA PAUPERIS 14 UNITED STATES, AND DISMISSING ACTION 15 Respondent. 16 17 By Order filed June 4, 2025, the Court directed Petitioner, an individual 18 incarcerated at the Washington Corrections Center in Shelton, Washington, to 19 show cause why the Court should grant his application to proceed in forma 20 pauperis under 28 U.S.C. § 1915(g). ECF No. 6. In the alternative, Petitioner could 21 have paid the $405.00 filing fee ($350.00 statutory filing fee, plus $55.00 22 administrative fee). Id. The Petition for Writ of Mandamus challenges a failure to 23 provide adequate medical treatment in 2004/2005. ECF No. 1. 24 On June 10, 2025, the Court received Petitioner’s Response/First Amended 25 Complaint. ECF No. 9. Petitioner asserts that his hypopituitarism was not properly 26 treated when he suffered a brain injury in 2004, due to a failure of Congress to 27 enact appropriate legislation. ECF No. 9-2 at 1. He states, “I had to learn what to 28 do and how to treat my injuries but have never had the essence of human dignity 1 inherent in every person. I blame United States. I haven’t been able to leave this 2 country. Incriminating me with serious injuries and punishment a person using the 3 abeyance of human dignity, still makes my life inhumane.” Id. He further asserts, 4 “Civilized society incriminates and punishes me because United States hasn’t 5 taught the state and state employees how to test, treat, or handle my mental health 6 condition.” Id. at 2. 7 He contends “a hospital left me in imminent danger 20 years ago by failing 8 to identify my emergency in order to prevent injury on 10-3-2004 or stabilize my 9 condition or transfer me for appropriate treatment before discharge on 1-7-2005 10 after the prolonged coma I was in. Rather than get the treatment I need, I’ve 11 adapted while getting harmed. United States let the imminent danger go on too 12 long, that’s oppression[.]” Id. 13 Having reviewed Petitioner’s submissions, the Court finds that he has failed 14 to demonstrate that he is eligible to proceed in forma pauperis under 28 U.S.C. § 15 1915(g), or that he was under imminent danger of serious physical injury when he 16 filed this lawsuit. See Andrews v. Cervantes, 493 F.3d 1047, 1055–56 (9th Cir. 17 2007). Therefore, Petitioner has lost the privilege of filing this lawsuit in forma 18 pauperis. Because Petitioner did not avail himself of the opportunity to pay the 19 $405.00 filing fee, he may not proceed with this action. 20 Accordingly, IT IS HEREBY ORDERED: 21 1. Petitioner’s applications to proceed in forma pauperis, ECF Nos. 2 22 and 6, are DENIED. 23 2. This action is DISMISSED WITHOUT PREJUDICE for non- 24 payment of the filing fee as required by 28 U.S.C. § 1914. 25 3. All pending Motions, including Petitioner’s Motion for Injunctive 26 Relief, ECF No. 5, are DENIED as moot. 27 4. The Clerk of Court shall CLOSE the file. 28 // 1 5. The Court certifies any appeal of this dismissal would not be taken in good faith. 3 IT IS SO ORDERED. The Clerk of Court is directed to enter this Order, enter judgment and provide copies to Petitioner. 5 DATED this 8th day of July 2025.

8 sin in far 9 Stan Bastian 10 Chief United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS AND