Williams v. City of Chula Vista Et Al - Document No. 3
Williams v. City of Chula Vista Et Al - Document No. 3
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Case 3:07-cv-01946-L-BLM Document 3 Filed 10/10/2007 Page 1 of 4
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8 UNITED STATES DISTRICT COURT
9 SOUTHERN DISTRICT OF CALIFORNIA
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11 BILL W. WILLIAMS, Civil No. 07-1946 L (BLM)
12 Booking #7730675,
13 Plaintiff,
ORDER DENYING MOTION TO
14 PROCEED IN FORMA PAUPERIS
vs. AS BARRED BY 28 U.S.C. § 1915(g)
15 AND DISMISSING CASE
CITY OF CHULA VISTA, et al., WITHOUT PREJUDICE FOR
16 FAILING TO PAY FILING FEES
PURSUANT TO 28 U.S.C. § 1914(a)
17 Defendants.
[Doc. No. 2]
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19 Plaintiff, currently detained at the San Diego Central Jail (“SDCJ”) and proceeding
20 pro se, has filed a civil rights Complaint pursuant to 42 U.S.C. § 1983. Plaintiff claims
21 various Chula Vista city officials and police officers have violated his Fourth, Eighth and
22 Fourteenth Amendment rights and use the Chula Vista City Attorney’s office as a tool to
23 “cover up” their crimes. Compl. at 2-6.
24 Plaintiff did not prepay the civil filing fee required by 28 U.S.C. § 1914(a) at the time
25 he filed his Complaint, but instead submitted a Motion to Proceed In Forma Pauperis
26 (“IFP”) pursuant to 28 U.S.C. § 1915(a).
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1 “consider[] the underlying court orders or mak[e] an independent assessment of whether the
2 prior cases were frivolous or malicious or failed to state a claim” before denying the prisoner
3 leave to proceed IFP pursuant to 28 U.S.C. § 1915(g), and should cite the specific case
4 names, numbers, districts and dates of dismissal for each civil action it considers a “strike” or
5 “prior occasion.” Id. at 1121 (citing Evans v. Illinois Dep’t of Corrections, 150 F.3d 810,
6 811-12 (7th Cir. 1998)).
7 B. Application to Plaintiff’s Litigation History
8 The Court notes as an initial matter that Plaintiff has made no “plausible allegation ...
9 that [he] “faced ‘imminent danger of serious physical injury’” or an “ongoing danger” at the
10 time he filed his complaint. Andrews, 493 F.3d at 1055. Thus, Plaintiff may not proceed IFP
11 in this action if he has on three prior occasions while incarcerated had civil actions or appeals
12 dismissed as frivolous, malicious or for failing to state a claim. 28 U.S.C. § 1915(g).
13 A court “may take notice of proceedings in other courts, both within and without the
14 federal judicial system, if those proceedings have a direct relation to matters at issue.”
15 United States ex rel. Robinson Rancheria Citizens Council v. Borneo, Inc., 971 F.2d 244, 248
16 (9th Cir. 1992); St. Louis Baptist Temple, Inc. v. FDIC, 605 F.2d 1169, 1172 (10th Cir.
17 1979). Here, the Court takes judicial notice that Plaintiff has already had three prior prisoner
18 civil actions dismissed on the grounds that they were frivolous, malicious, or failed to state a
19 claim upon which relief may be granted. See Williams v. San Diego Transit, et al., Civil
20 Case No. 01-1784 L (LSP) (S.D. Cal. Jan. 18, 2002) (Order denying motion to proceed IFP
21 and dismissing civil action as frivolous pursuant to 28 U.S.C. § 1915A(b)(1)) [Doc. No. 3]
22 (“strike one”); Williams v. City of Chula Vista, et al., Civil Case No. 01-1789 IEG (LAB)
23 (S.D. Cal. Jan. 23, 2002) (Order denying motion to proceed IFP and dismissing civil action
24 as frivolous pursuant to 28 U.S.C. § 1915A(b)(1)) [Doc. No. 3] (“strike two”); and Williams
25 v. Big Bear and Mabee Properties, et al., Civil Case No. 01-1949 J (LAB) (S.D. Cal. Jan. 18,
26 2002) (Order denying motion to proceed IFP and dismissing civil action as frivolous
27 pursuant to 28 U.S.C. § 1915A(b)(1) [Doc No. 3] (“strike three”).
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