Rowan v. O.C.C.C. Warden et al
| George C. L. Rowan |
| O.C.C.C. Warden and D.P.S. Director |
| Shelley Harrington and Laurie Nadamoto |
| 1:2020cv00080 |
| February 19, 2020 |
| US District Court for the District of Hawaii |
| WES REBER PORTER |
| DERRICK K WATSON |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Filing 9 ORIGINAL SIGNATURE of George C. L. Rowan submitted for re #6 Prisoner Civil Rights Complaint. (Attachments: #1 copy of Advisory Entry, #2 Mailing Documentation) (emt, ) |
| Filing 8 CLERK'S JUDGMENT entered on 3/18/2020 pursuant to ECF No. #4 ORDER TO SHOW CAUSE OR TO PAY THE CIVIL FILING FEE, ECF No. 7 Minute Order. (emt, )COURT'S CERTIFICATE of Service - George C. L. Rowan shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on March 19, 2020. |
| Filing 7 EO: On 02/28/2020, the Court ordered Plaintiff to either pay the $400 civil filing fee or show cause why he should be allowed to proceed in forma pauperis ("IFP") in light of this Court's finding that he has accrued three strikes pursuant to 28 U.S.C. 1915(g) [Ord., ECF 4]. Section 1915(g) restricts inmates from proceeding in forma pauperis if they have had three or more prior actions dismissed as frivolous, malicious, for failure to state a claim, or for seeking relief from those immune from suit, unless the inmate's pleadings plausibly show that he was in imminent danger of serious physical injury from the named Defendants' conduct when he brought the action to the court. Andrews v. King, 398 F.3d 1113, 1121 (9th Cir. 2005). On 03/16/2020, Plaintiff filed a document titled "Prison Civil Right Complaint," [ECF 6], that is clearly intended as his response to the OSC. Plaintiff seeks compensation for the amputation of his toe in September 2018, that he alleges was the result of unsanitary conditions from malfunctioning plumbing at the Oahu Community Correctional Center ("OCCC"). Plaintiff does not allege that he was denied immediate medical attention for his toe at OCCC in 2018, or that he is in imminent danger of serious physical injury now that he has been transferred to the Halawa Correctional Facility ("HCF") because of the amputation of his toe in 2018 or for any other reason. The imminent danger "exception applies if the complaint makes a plausible allegation that the prisoner faced 'imminent danger of serious physical injury' at the time of filing." Andrews v. Cervantes, 493 F.3d 1047, 1055 (9th Cir. 2007). Although Plaintiff's in forma pauperis application [ECF 5] shows that he is indigent, he fails to show that he was in imminent danger of serious physical injury from Defendants when he brought this action to this court. Plaintiffs in forma pauperis application is DENIED, and this action is DISMISSED without prejudice to his raising these claims in a new action with concurrent payment of the civil filing fee. The Clerk SHALL enter judgment and close this case. The Court will take no action on documents filed herein that are not accompanied by the $400 civil filing fee, beyond processing any notice of appeal. IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| COURT'S CERTIFICATE of Service - a copy of Docket No. 7 Order on Motion for Leave to Proceed In Forma Pauperis has been served by First Class Mail to George C. L. Rowan at the address of record on March 18, 2020. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (tyk) |
| COURT'S CERTIFICATE of Service - a copy of the Advisory Entry - No Signature and two copies of #6 (Amended) Prison Civil Rights Complaint shall be served by First Class Mail to George C. L. Rowan on March 17, 2020 (a business reply envelope shall be included in the mailing to Mr. Rowan). (emt, ) |
| ADVISORY ENTRY. No Signature - Please be advised that Document #6 (Amended) Prison Civil Rights Complaint filed by George C. L. Rowan, is not signed. The filing party is directed to sign the enclosed copy of the filing and return it the Clerk's Office in the envelope provided. (emt, ) |
| Filing 6 (AMENDED) PRISON CIVIL RIGHTS COMPLAINT against All Defendants - filed by George C. L. Rowan. This document is not signed. (Attachments: #1 Mailing Documentation) (emt, ) |
| Filing 5 APPLICATION to Proceed in Forma Pauperis by a Prisoner - by Plaintiff George C. L. Rowan. (Attachments: #1 Mailing Documentation) (emt, ) |
Filing 4
ORDER TO SHOW CAUSE OR TO PAY THE CIVIL FILING FEE - Signed by JUDGE DERRICK K. WATSON on 2/28/2020. Rowan is ORDERED to pay the $400 civil filing fee for commencing this action, or TO SHOW CAUSE in writing explaining why he should be allowed to proceed in forma pauperis based on the claims that he raises in this suit, on or before March 18, 2020 . Failure to show good cause or to pay the filing fee on or before that date will result in DISMISSAL of this action without prejudice to Rowan's refiling his claims in a new action with concurrent payment of the civil filing fee. The Court will take no action on any documents filed in this case until Rowan has responded to this Order, beyond processing a notice of appeal. Show Cause Response due by 3/18/2020. (emt, )COURT'S CERTIFICATE of Service - George C.L. Rowan shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on March 2, 2020.
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Filing 3
DEFICIENCY ORDER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 2/19/2020. (emt, )COURT'S CERTIFICATE of Service - George C.L. Rowan shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on February 20, 2020. A copy of the Court's Application to Proceed in Forma Pauperis by a Prisoner form, its instructions, a file-stamped copy of the Complaint and Inmate Account Balances Report were included in the mailing to Mr. Rowan.
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| Filing 2 Inmate Account Balances - by George C. L. Rowan. (emt, ) |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT against All Defendants - filed by George C. L. Rowan. (Attachments: #1 Mailing Documentation) (emt, ) |
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