United States District Court, D. Kansas
Crow U.S. Senior District Judge.
while an inmate at the El Dorado Correctional Facility in El
Dorado, Kansas (EDCF), filed this pro se civil rights
complaint under 42 U.S.C. § 1983. Plaintiff seeks
injunctive relief and nominal damages based on conclusory and
unintelligible claims that (a) defendant President Obama is
an illegal alien and has evaded immigration laws “by
fraud slave historical museum”; (b) defendants have
acted together with fraud and malice and treated
“negros” differently because of race; and (c)
defendants are “deliberately indifferent to substantial
risk that plaintiff's decedent, fraught with civil-war
ideations, would get shot by race.”
fees for filing a civil rights complaint in federal court
total $400.00. Plaintiff has submitted two Applications to
Proceed without Prepayment of Fees (Docs. #3 and 5). Section
1915(g) of 28 U.S.C. provides:
In no event shall a prisoner bring a civil action or appeal a
judgment in a civil action or proceeding 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 that 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.
Id. Mr. Davis has long been designated a
three-strikes litigant under Section 1915(g) and he has
repeatedly been advised that absent a showing of imminent
danger, he has lost the right to proceed in forma pauperis in
federal court because of his repeated filing of frivolous
lawsuits. The court has examined the complaint and
exhibits and plaintiff's motions and finds that Mr. Davis
does not allege a single fact to show that he is in imminent
danger of serious physical injury. Accordingly, the court
denies plaintiff leave to proceed without prepayment of the
full filing fee. Mr. Davis has had several cases dismissed
after he failed to pay the $400.00 filing fee in full when
given the opportunity. The court finds that giving plaintiff
an opportunity to amend or pay the filing fee would be
futile. The Court dismisses this action because Mr. Davis did
not submit the $400.00 filing fee with his complaint and has
made no effort to show that he qualifies for the only
exception to the three-strikes bar.
pending before the court are plaintiff's Motion to Amend
Complaint (Doc. #4), Motion to Appoint Counsel (Doc. #9),
Motion for Default Judgment (Doc. #10), Motion for
Intervention by the United States (Doc. #11), and Motion for
Claim Relief (Doc. #12). Plaintiff's motions are denied.
plaintiff's proposed amended complaint also does not
allege a single fact to show that he is in imminent danger of
serious physical injury, the amendment is futile. No
constitutional right to appointment of counsel exists in a
civil action, and the court concludes that appointment of
counsel is not warranted in this matter. Because
plaintiff's complaint is subject to screening under 29
U.S.C. § 1915A, it has not yet been served upon
defendants and the motion for default judgment is therefore
premature. Finally, the motions for intervention and for
claim relief are incomprehensible, and the court therefore
THEREFORE ORDERED that plaintiff's Motions for Leave to
Proceed in forma pauperis (Docs. #3 and 5) are
FURTHER ORDERED that plaintiff's Motion to Amend
Complaint (Doc. #4) is denied.
FURTHER ORDERED that plaintiff's Motion to Appoint
Counsel (Doc. #9) is denied.
FURTHER ORDERED that plaintiff's Motion for Default
Judgement (Doc. #10) is denied.
FURTHER ORDERED that plaintiff's Motion for Intervention
(Doc. #11) is denied.
FURTHER ORDERED that plaintiff's Motion for Claim ...