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Williams v. Harris

United States District Court, E.D. California

October 2, 2014

LONNIE WILLIAMS, Plaintiff,
v.
KAMALA D. HARRIS, Defendant.

FINDINGS AND RECOMMENDATIONS

ALLISON CLAIRE, Magistrate Judge.

Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983 and has requested authority pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1).

Plaintiff was directed to provide a completed application on the appropriate form to support her request to proceed in forma pauperis. ECF No. 4. Although plaintiff filed a corrected, completed application, ECF No. 9, the court's review of plaintiff's litigation history demonstrates that she is a three strikes litigant pursuant to 28 U.S.C. § 1915(g).

Three Strikes

The Prison Litigation Reform Act of 1995 (PLRA) permits any court of the United States to authorize the commencement and prosecution of any suit without prepayment of fees by a person who submits an affidavit indicating that the person is unable to pay such fees. However,

[i]n no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under this section if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.

28 U.S.C. § 1915(g).

The plain language of the statute makes clear that a prisoner is precluded from bringing a civil action or an appeal in forma pauperis if the prisoner has brought three frivolous actions and/or appeals (or any combination thereof totaling three). See Rodriguez v. Cook , 169 F.3d 1176, 1178 (9th Cir.1999). Review of court records, of which this court takes judicial notice, [1] demonstrates that plaintiff has previously been determined to have been foreclosed under § 1915(g) from proceeding in forma pauperis in a prisoner civil rights action. In Williams v. Gomez, No. 2:11-cv-0426 GEB EFB P, the court found that the following cases qualified as strikes[2]:

Williams v. Andrews, 1:01-cv-6222 REC HGB P (E.D. Cal. Feb. 2, 2002) (dismissed by order stating "action is dismissed for failure to state a claim upon which relief can be granted");

Williams v. Wood, 1:01-cv-6151 REC LJO P (E.D. Cal. Feb. 28, 2002) (complaint dismissed with prejudice upon screening for failure to state a claim);

Williams v. Rendon, 1:01-cv-5891 AWI SMS P (E.D. Cal. Mar. 18, 2002) ("complaint... dismissed with prejudice for failure to state a claim").

In addition, other court records reveal that the following of plaintiff's cases have also been dismissed for failure to state a claim:

Williams v. California State Prison-Corcoran, 1:99-cv-6612 OWW SMS P (E.D. Cal. Jan. 28, 2000) (case "dismissed in its entirety, without leave to amend, for plaintiff's failure to state a claim upon which relief may be granted");

Williams v. Lopez, 1: 99-cv-6648 REC SMS P (E.D. Cal. Jan. 28, 2000) (case "dismissed in its entirety, without leave to amend, for plaintiff's failure to state a claim ...


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