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Case3:13-cv-02905-JSW Document5 Filed07/30/13 Page1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

JEROME L. GRIMES,
Plaintiff,

v.
JERRY, et al.,

_________________________________

Defendants.

No. C 13-2905 JSW (PR)
ORDER OF DISMISSAL

(Docket No. 2)

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Plaintiff, an inmate in the Napa State Hospital and frequent litigator in this Court,

has recently filed this pro se civil rights case. On May 18, 2000, this Court informed
Plaintiff that under the "three-strikes" provisions of 28 U.S.C. § 1915(g) he generally is
ineligible to proceed in forma pauperis in federal court with civil actions filed while he is
incarcerated. See Grimes v. Oakland Police Dept., C 00-1100 CW (Order Dismissing
Complaint, 5/18/00). Since then, Plaintiff has continued to file hundreds of civil rights
actions seeking in forma pauperis status. With respect to each action filed, the Court
conducts a preliminary review to assess the nature of the allegations and to determine
whether Plaintiff alleges facts which bring him within the "imminent danger of serious
physical injury" exception to § 1915(g). In the past, Plaintiff has routinely been granted
leave to amend to pay the full filing fee and to state cognizable claims for relief, but he
has habitually failed to do so. For example, in 2003 alone Plaintiff's failure to comply
resulted in the dismissal of approximately thirty-six actions under § 1915(g).

In accord with this ongoing practice, the Court has reviewed the allegations in the

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Case3:13-cv-02905-JSW Document5 Filed07/30/13 Page2 of 3

present action and finds that Plaintiff alleges no facts which bring him within the
"imminent danger" clause. The complaint makes a number if highly implausible or
unintelligible allegations, such as “close quaters NSH Terror ventilation/heater air
conditioning dirty bombers,” Lie detector test then pursuant Patriot Act,” and “co-child
abduction – concealments.” On numerous occasions, Plaintiff has been informed that
allegations such as these do not establish imminent danger. Therefore, it would be futile
to grant Plaintiff leave to amend.

Accordingly, this case is DISMISSED without prejudice under § 1915(g). The
application to proceed in forma pauperis is DENIED. No fee is due. If Plaintiff is so
inclined, he may bring his claims in a new action accompanied by the $350.00 filing fee.
In any event, the Court will continue to review under § 1915(g) all future actions filed by
Plaintiff while he is incarcerated in which he seeks in forma pauperis status.

The Clerk of the Court shall close the files and terminate all pending motions in

the cases listed in the caption of this order.

IT IS SO ORDERED.

DATED: July 30, 2013


JEFFREY S. WHITE
United States District Judge

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Case3:13-cv-02905-JSW Document5 Filed07/30/13 Page3 of 3

UNITED STATES DISTRICT COURT

FOR THE

NORTHERN DISTRICT OF CALIFORNIA

JEROME GRIMES,

Plaintiff,

v.

JERRY et al,

/

Defendant.

Case Number: CV13-02905 JSW

CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.

That on July 30, 2013, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

Jerome L. Grimes
Napa State Hospital
#206586-0/ Unit Q-1 & 2
2100 Napa Vallejo Highway
Napa, CA 94558

Dated: July 30, 2013

Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk

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