Rowan v. O.C.C.C. Warden et al
| George Rowan |
| D.P.S. Director and O.C.C.C. Warden |
| Shelley Harrington and Laurie Nadamoto |
| 1:2021cv00151 |
| March 19, 2021 |
| US District Court for the District of Hawaii |
| ROM TRADER |
| DERRICK K WATSON |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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| Filing 8 CLERK'S JUDGMENT entered on 4/22/2021 pursuant to ECF No. 7 Minute Order. (emt, )COURT'S CERTIFICATE of Service - George Rowan served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on April 22, 2021. |
| Filing 7 EO: Plaintiff filed this action on March 19, 2021, while he was incarcerated at the Halawa Correctional Facility ("HCF") [ECF No. 1]. On March 22, 2021, the court issued an Order denying as incomplete Plaintiff's Application to Proceed In Forma Pauperis ("IFP Application") [ECF No. 3]. The court also ordered Plaintiff to show cause why he should be allowed to proceed in forma pauperis despite the three strikes he has accrued pursuant to 28 U.S.C. 1915(g) [ECF No. 3 at 2-3]. See Rowan v. Halawa Corr. Facility, Civ. No. 14-00107 JMS-BMK, 2014 WL 2452528, at *2-3 (D. Haw. May 30, 2014); Order Dismissing First Amended Complaint and Action, Rowan v. State of Hawaii, Civ. No. 19-00040 LEK-KJM (D. Haw. July 5, 2019), ECF No. 11; Rowan v. Dep't of Pub. Safety, Civ. No. 19-00254 DKW-RT, 2019 WL 2453642, at *2-3 (D. Haw. June 12, 2019).On April 19, 2021, Plaintiff filed a complete IFP Application [ECF No. 6] and a Prisoner Civil Rights Complaint [ECF No. 5] that are clearly intended as his response to the courts March 22, 2021 Order. Although Plaintiff's IFP Application [ECF No. 6] shows that he is indigent, he fails to allege plausibly that he was in imminent danger of serious physical injury from Defendants when he filed this action. See Andrews v. Cervantes, 493 F.3d 1047, 1053 (9th Cir. 2007). Instead, Plaintiff alleges that conditions at the Oahu Community Correctional Center ("OCCC") in 2018, contributed to an infection of his toe that had to be amputated [ECF No. 5 at 6]. Plaintiff made the same claims in a previous action that this court dismissed pursuant to 28 U.S.C. 1915(g). See Amended Civil Rights Complaint, Rowan v. O.C.C.C. Warden, Civ. No. 20-00080 DKW-WRP (D. Haw. Mar. 16, 2020), ECF No. 6. As the court explained in dismissing that action, Plaintiff failed to allege that he faced imminent serious physical injury at the HCF, where Plaintiff is now incarcerated and where he was incarcerated at the inception of this action, "because of the amputation of his toe in 2018 or for any other reason." See Entering Order, Rowan, Civ. No. 20-00080 DKW-WRP (D. Haw. Mar. 18, 2020), ECF No. 7. The same is true here. The imminent danger exception does not apply to conditions Plaintiff may have experienced at the OCCC in 2018. See Andrews, 493 F.3d at 1053 ("[T]he availability of the exception turns on the conditions the prisoner faced at the time the complaint was filed, not at some earlier or later time."). Because Plaintiff has not plausibly alleged that he was in imminent serious physical injury when he filed suit, 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 $402.00 civil filing fee, beyond processing any notice of appeal. IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk)COURTS CERTIFICATE of Service - George Rowan served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) Modified on 4/22/2021 (emt, ). |
| Filing 6 APPLICATION to Proceed In Forma Pauperis by a Prisoner - by Plaintiff George Rowan. (emt, ) |
| Filing 5 AMENDED PRISONER CIVIL RIGHTS COMPLAINT against All Defendants - filed by George Rowan.(emt, ) (Additional attachment(s) added on 4/21/2021: #1 Mailing Documentation) (emt, ). Modified on 4/21/2021 (emt, ). |
| Filing 4 ORIGINAL SIGNATURE of George Rowan submitted for #1 Prisoner Civil Rights Complaint. (Attachments: #1 copy of IFP Application, ECF No. 2, #2 Mailing Documentation)(emt, ) |
Filing 3
ORDER : 1) DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER; AND 2) TO SHOW CAUSE re #2 - Signed by JUDGE DERRICK K. WATSON on 3/22/2021. (1) Rowan's Application to Proceed In Forma Pauperis by a Prisoner is DENIED as incomplete. (2) If Rowan chooses to file a new application, he is ORDERED to show cause in writing on or before April 15, 2021 why he is entitled to proceed without prepayment of the full $402.00 fee. (3) The Clerk is DIRECTED to send Rowan an Application to Proceed In Forma Pauperis by a Prisoner so that he can comply with this Order. Show Cause Response due by 4/15/2021. (emt, )COURT'S CERTIFICATE of Service - George Rowan shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on March 23, 2021. A blank Application to Proceed In Forma Pauperis by a Prisoner form shall be included in the mailing to Plaintiff.
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| ADVISORY ENTRY. No Signature-Please be advised that Document #1 Complaint filed by George Rowan is not signed. The filing party is instructed to sign the enclosed copy of the Complaint and return it to the Clerk's Office as soon as possible. A "business reply" envelope is provided for Plaintiff's convenience. (emt, ) |
| COURT'S CERTIFICATE of Service - a copy of Advisory Entry-No Signature, #1 Complaint, #2 Motion for Leave to Proceed in forma pauperis shall be served by First Class Mail to George Rowan at the address of record on March 22, 2021. A "business reply" envelope was included in the mailing to Plaintiff. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, ) |
| Filing 2 APPLICATION to Proceed in Forma Pauperis by a Prisoner - by Plaintiff George Rowan. (emt, ) |
| Filing 1 (UNSIGNED) PRISONER CIVIL RIGHTS COMPLAINT against All Defendants - filed by George Rowan. (Attachments: #1 Mailing Documentation)(emt, ) |
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