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Demond Mimms v. Gail Lewis

January 21, 2012

DEMOND MIMMS,
PLAINTIFF,
v.
GAIL LEWIS, ET AL.,
DEFENDANTS.



The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge

FINDINGS AND RECOMMENDATION FOR DISMISSAL OF PLAINTIFF'S ACTION, WITHOUT PREJUDICE, FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED UNDER SECTION 1983 (ECF No. 1)

OBJECTIONS DUE WITHIN THIRTY-DAYS

Plaintiff Demond Mimms ("Plaintiff") is a prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on April 27, 2011.

I. SUMMARY OF PLAINTIFF'S COMPLAINT

Plaintiff's allegations are as follows:

Plaintiff's claims in this action arise from his October 1, 1996, sentencing to one year and four months in prison for possession of a firearm. (Compl., ECF No. 1 at 3.) At present, some fifteen years later, Plaintiff remains incarcerated. Plaintiff asserts that his detention beyond the term of his sentence is unlawful because all of the incidents leading to extension of his prison term occurred after his original release date of December 14, 1997. (Id. at 7.)

Plaintiff's complaint is found to be quite difficult to understand, but the Court believes it centers on the following chronology of events:

On December 15, 1997, while Plaintiff was unlawfully detained in Pleasant Valley State Prison's Administrative Segregation Unit, unnamed individuals used pepper spray on him. (Id.)

On June 1, 1998, Plaintiff was arraigned in Fresno Superior Court on a charge of battery by a prisoner on a non-confined person, i.e., spitting on a medical technical assistant on December 15, 1997. (Id. at 9.) Plaintiff believes the charging statute did not apply to him because he was unlawfully incarcerated at the time of the alleged offense. (Id. at 10.)

On December 16, 1998, Plaintiff was found guilty of this charge, and on February 11, 1990 he was sentenced to an eight year prison term. (Id. at 12.) Plaintiff alleges that Defendants conspired to falsely charge and wrongly convict him to cover up the fact that he had been unlawfully incarcerated. (Id.)

On January 15, 1998, he was transferred to Corcoran State Prison's Secure Housing Unit. (Id. at 8.) He contends this resulted from Defendants' continuing conspiracy to cover-up his unlawful incarceration and punish him. (Id. at 9.)

On April 24, 2004, while incarcerated in Corcoran State Prison's Secure Housing Unit, Plaintiff was again pepper sprayed by unnamed prison correctional officers. (Id. at 13.)

On September 1, 2004, he was charged with battery by a prisoner on a non-confined person after he allegedly gassed a prison official on April 24, 2004. (Id. at 14.) Again Plaintiff alleges that offense could not have applied to him because he was unlawfully incarcerated at the time. (Id.) On November 3, 2004, Plaintiff was convicted on the September 1, 2004, charge. (Id. at 15.) A May 12, 2006, retrial produced the same result on May 14, 2006. (Id. at 16-17.) Plaintiff was sentenced to two years to run consecutive to his eight year court sentence, for a total of ten years, meaning that Plaintiff's sentence was supposed to expire on February 10, 2009. (Id. at 21.) Plaintiff alleges that several agencies are working together to cover-up the fact that Plaintiff remains unlawfully incarcerated. (Id. at 17.)

Plaintiff was later informed that the February 10, 2009, expiration date of his sentence was a parole date. (Id. at 20.) Plaintiff refused to sign the parole form, and so was referred to the Board of Prison Term but not allowed to attend its ...


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