(PC) Barnes v. Supreme Court Judges ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANTOINE DESHAWN BARNES, Case No. 1:21-cv-01078-NONE-BAM (PC) 12 Plaintiff, ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS 13 v. (ECF No. 5) 14 SUPREME COURT JUDGES, et al., ORDER DIRECTING PAYMENT OF 15 Defendants. INMATE FILING FEE BY CALIFORNIA DEPARTMENT OF CORRECTIONS 16 17 Plaintiff Antoine Deshawn Barnes (“Plaintiff”) is appearing pro se in this civil rights 18 action pursuant to 42 U.S.C. § 1983. On July 23, 2021, Plaintiff filed a motion to proceed in 19 forma pauperis pursuant to 28 U.S.C. § 1915, and on July 26, 2021 filed a certified trust account 20 statement. (ECF Nos. 5, 8.) 21 Plaintiff is subject to 28 U.S.C. § 1915(g), which provides that “[i]n no event shall a 22 prisoner bring a civil action . . . under this section if the prisoner has, on 3 or more prior 23 occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of 24 the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state 25 a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious 26 physical injury.”1 27 1 The Court takes judicial notice of the following United States District Court Cases: (1) Barnes v. Santa Clara Cty. Dist. Attorney’s Office, Case No. 4:20-cv-02113-YGR (N.D. Cal.) (dismissed July 14, 2020 for failure to 28 state a claim upon which relief may be granted); (2) Barnes v. Hanford Super. Ct. Judge, Case No. 1:20-cv-00390- 1 However, upon review of Plaintiff’s complaint, the Court finds that his allegations appear 2 to satisfy the imminent danger exception to section 1915(g), at the time the complaint was filed. 3 Andrews v. Cervantes, 493 F.3d 1047, 1053−55 (9th Cir. 2007).2 4 Plaintiff has made the showing required by § 1915(a) and accordingly, the request to 5 proceed in forma pauperis will be granted. Plaintiff is obligated to pay the statutory filing fee of 6 $350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments 7 in the amount of twenty percent (20%) of the preceding month’s income credited to Plaintiff’s 8 trust account. The California Department of Corrections is required to send to the Clerk of the 9 Court payments from Plaintiff’s trust account each time the amount in the account exceeds 10 $10.00, until the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2). 11 Accordingly, IT IS HEREBY ORDERED that: 12 1. Plaintiff's application to proceed in forma pauperis, (ECF No. 5), is GRANTED; 13 2. The Director of the California Department of Corrections or his or her 14 designee shall collect payments from Plaintiff’s prison trust account in an amount 15 equal to twenty per cent (20%) of the preceding month’s income credited to the 16 prisoner’s trust account and shall forward those payments to the Clerk of the Court 17 each time the amount in the account exceeds $10.00, in accordance with 28 U.S.C. 18 § 1915(b)(2), until a total of $350.00 has been collected and forwarded to the Clerk of 19 the Court. The payments shall be clearly identified by the name and number 20 assigned to this action; 21 3. The Clerk of the Court is directed to serve a copy of this order and a copy of 22 Plaintiff’s in forma pauperis application on Director of the California Department of 23 Corrections, via the Court’s electronic case filing system (CM/ECF); and 24 /// 25 AWI-SAB (E.D. Cal.) (dismissed October 6, 2020 for failure to state a claim upon which relief may be granted); and (3) Barnes v. T.V. Network, Case No. 1:20-cv-01331-DAD-EPG (E.D. Cal.) (dismissed December 11, 2020 for 26 failure to state a claim upon which relief may be granted). 27 2 In the complaint, Plaintiff alleges that as a result of being denied early release pursuant to Proposition 57, he attempted to commit suicide and was placed in the EOP mental health program. (ECF No. 1.) At this time, the Court 28 expresses no opinion on the merits of Plaintiff’s claims. 1 4. The Clerk of the Court is directed to serve a copy of this order on the Financial 2 Department, U.S. District Court, Eastern District of California. 3 IT IS SO ORDERED. 4 5 Dated: August 3, 2021 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28