Meyers v. Avina

Background

Leon Lee Meyers, a state prisoner proceeding without a lawyer, filed a civil-rights complaint under 42 U.S.C. § 1983. He also applied to proceed without paying the filing fee. The court issued an order requiring him to show cause—meaning to explain—why his fee-waiver application should not be denied under the prisoner “three strikes” rule in 28 U.S.C. § 1915(g).

Three-strikes issue

Section 1915(g) generally prevents a prisoner from proceeding without paying the filing fee if, on three or more earlier occasions while incarcerated or detained, the prisoner brought an action or appeal that was dismissed as frivolous, malicious, or for failure to state a claim. The exception applies if the prisoner was under imminent danger of serious physical injury when the complaint was filed. The court also stated that the alleged danger must be connected to the unlawful conduct described in the complaint and must be capable of being addressed by a favorable court ruling.

The court identified four cases as strikes under Section 1915(g): Meyers v. Hurley, Case No. 11-cv-4282 TEH (N.D. Cal.); Meyers v. Hurley, Case No. 12-16124 (9th Cir.); Meyers v. Alameda County Sheriff, Case No. 09-cv-857 TEH (N.D. Cal.); and Meyers v. Brooms, Case No. 07-cv-4457 TEH (N.D. Cal.). The court stated that the first, third, and fourth cases were dismissed for failure to state a claim, that the second appeal was dismissed after the Ninth Circuit determined it was frivolous and Leon Lee Meyers failed to comply with an order to pay the filing fee, and that the Ninth Circuit affirmed the dismissal in the fourth case.

Leon Lee Meyers submitted a declaration alleging imminent danger because prison officials were attempting to place him with violent or sexually predatory cellmates. He also stated that he and a cellmate had “got into a scuffle” and that other cellmates had stolen his personal items. The court ordered him to provide more specific allegations about the threats, what happened during the scuffle, and how the named defendants were responsible. He must show cause within 28 days why the case should not be treated as barred by the three-strikes rule and why his application to proceed without paying the filing fee should not be denied.

Other motions and order

The court denied Leon Lee Meyers’s brief motion for a preliminary injunction without prejudice. A preliminary injunction is an order granting temporary relief while a case is pending. The court said the motion did not explain why the legal standards for that relief were met or how the named defendants could provide the requested relief. The court stated that he may file an amended motion with more details.

The court granted Leon Lee Meyers’s motion to file a supplemental complaint. The court stated that it will review the original complaint and the supplement if he is granted permission to proceed without paying the filing fee or pays the filing fee. The order also reminded him that he must prosecute the case, keep the court informed of address changes, and comply with court orders; failure to do so may result in dismissal for failure to prosecute under Federal Rule of Civil Procedure 41(b).

Disposition

Judge James Donato ordered Leon Lee Meyers to show cause within 28 days concerning the three-strikes bar and his fee-waiver application, denied the preliminary-injunction motion without prejudice, and granted the motion to file a supplemental complaint. The order did not decide the merits of the underlying civil-rights claims.