United States District Court, E.D. California
ORDER GRANTING PLAINTIFF'S MOTION TO PROCEED IN
FORMA PAUPERIS AND ORDER DIRECTING PAYMENT OF INMATE FILING
FEE BY CALIFORNIA DEPARTMENT OF CORRECTIONS [ECF No.
John Wesley Williams is appearing pro se in this civil rights
action pursuant to 42 U.S.C. § 1983.
is subject to 28 U.S.C. § 1915(g), which provides that
“[i]n no event shall a prisoner bring a civil action
… 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.” If a plaintiff
has three strikes under § 1915(g), he may still proceed
in forma pauperis if he can show that he was in imminent
danger at the time of filing his complaint. Andrews v.
Cervantes, 493 F.3d 1047, 1053 (9th Cir. 2007). The
“imminent danger” exception “applies if the
complaint makes a plausible allegation that the prisoner
faced imminent physical danger at the time of filing”
the complaint. Id. at 1055. Thus, to meet the
imminent danger exception, the threat or prison condition
must be real and proximate, Ciarpaglini v. Saini,
352 F.3d 328, 330 (7th Cir. 2003), and the danger of serious
physical injury must exist at the time the complaint is
filed. Malik v. McGinnis, 293 F.3d 559, 562-563 (2d
Cir. 2002); Andrews, 493 F.3d at 1053.
instant complaint, Plaintiff alleges that Defendants C. Bell,
S. Harris, R. Fischer, and Douglas have denied him placement
in a proper medical treatment facility/program for his
psychiatric “cutting” disorder because they do
not want Plaintiff providing enhanced outpatient (EOP)
reports to attorneys for the EOP. Plaintiff's allegations
are sufficient to meet the “imminent danger of serious
physical injury” exception under § 1915(g), and
Plaintiff shall be granted in forma pauperis status. See,
e.g., Andrews v. Cervantes, 493 F.3d 1047,
1055, 1056-1057 (9th Cir. 2007) (“[A] prisoner who
alleges that prison officials continue with a practice that
has injured him or others similarly situated in the past will
satisfy the ‘ongoing danger' standard and meet the
imminence prong of the three-strikes exception.”).
However, Plaintiff is obligated to make monthly payments in
the amount of twenty percent of the proceeding month's
income credited to Plaintiff's trust account. The
California Department of Corrections and Rehabilitation is
required to send to the Clerk of the Court payments from
Plaintiff's account each time the amount in the account
exceeds $10.00, until the statutory filing fee is paid in
full. 28 U.S.C. § 1915(b)(2).
accordance with the above and good cause appearing therefore,
it is HEREBY ORDERED that:
Plaintiff's application to proceed in forma pauperis is
Director of the California Department of Corrections and
Rehabilitation or his designee shall collect payments from
Plaintiff's prison trust account in an amount equal to
twenty percent (20%) of the preceding month's income
credited to the prisoner's trust account and shall
forward those payments to the Clerk of the Court each time
the amount in the account exceeds $10.00, in accordance with
28 U.S.C. § 1915(b)(2), until a total of $350.00 has
been collected and forwarded to the Clerk of the Court. The
payments shall be clearly identified by the name and case
number assigned to this action.
Clerk of the Court is directed to serve a copy of this order
and a copy of Plaintiff s in forma pauperis application on
the Director of the California Department of Corrections and
Rehabilitations, via the court's electronic case filing
Clerk of Court is directed to serve a copy of this order on
the Financial Department, U.S. District Court, Eastern
District of California, Fresno Division.
Within sixty (60) days of the date of service of this order,
Plaintiff shall submit a certified copy of his prison trust
account statement for the six-month period immediately
preceding the filing of the complaint, if Plaintiff has not
already done so.
 The court takes judicial notice of the
following cases: Williams v. Narramore, No. CV
03-1972 UA-AJW (C.D. Cal. July 25, 2003) (civil rights action
dismissed for failure to state a claim upon which relief may
be granted); (2) Williams v. Bonzer, No. CV 04-8941
UA-AJW (C.D. Cal. Nov. 22, 2004) (same); (3) Williams v.
Hubbard, et al., No. CV 10-1717 UA-FFM (C.D. Cal. July
6, 2010) (same); (4) Williams v. Young, No.
2:08-cv-1737 FCD-CMK-P (E.D. Cal. July 29, 2010 ...