United States District Court, W.D. Washington, Seattle
REPORT AND RECOMMENDATION
A. TSUCHIDA, CHIEF UNITED STATES MAGISTRATE JUDGE.
Anthony Eugene Lewis, who is currently confined at Western
State Hospital, has submitted to this court for filing an
application for leave to proceed in forma pauperis
(IFP) and a proposed 42 U.S.C. § 1983 complaint. Dkt. 1.
The Court, having reviewed plaintiff's complaint, his IFP
application, and other relevant court records, recommends
that plaintiff's IFP application should be denied as
plaintiff is barred under 28 U.S.C. § 1915(g) from
proceeding with this action without prepayment of the filing
alleges that the defendants, King County and the City of
Seattle, are violating his right to equal protection by
prohibiting lifetime registered sex offenders from receiving
low-income subsidized housing, thereby forcing him to remain
homeless. Complaint at 4-7. He asks to receive low-income
subsidized housing, monetary relief, and/or to be removed
from the lifetime sex offender registry. Id. at 9.
§ 1915(g), a prisoner who brings three or more civil
actions or appeals which are dismissed as frivolous or for
failure to state a claim may not bring any other civil action
or appeal in forma pauperis “unless the
prisoner is under imminent danger of serious physical
injury.” 28 U.S.C. § 1915(g). A review of the
Court's records reflects that at least three of the cases
plaintiff has filed while incarcerated were dismissed as
frivolous or for failure to state a claim:
• Lewis v. United States Surgeon General,
C19-878-MJP (W.D. Wash.), dismissed July 9, 2019.
• Lewis v. King County Department of Risk
Management, No. C18-1798-RSM (W.D. Wash.), dismissed February
• Lewis v. King County, Case. No. C09-1039-RSL (W.D.
Wash.), dismissed February 8, 2010.
• Lewis v. Seattle Police Dep't, No.
C01-1246-JCC (W.D. Wash.), dismissed January 23, 2002.
addition, this court has previously determined that plaintiff
has received at least three strikes for purposes of §
1915(g) and denied plaintiff IFP status as a three-strikes
• Lewis v. King County, No. C19-1295-MJP-MAT
(W.D. Wash), recommendation of dismissal filed September 20,
• Lewis v. King County, No. C19-797-JCC (W.D.
Wash.), dismissed July 12, 2019.
• Lewis v. Vail, No. C10-267-RSL (W.D. Wash),
dismissed May 11, 2010.
plaintiff has accumulated at least three strikes, he may not
proceed with this action without prepayment of the full
filing fee unless he shows that he was “under imminent
danger of serious physical injury” at the time he
signed his civil rights complaint. See 28 U.S.C.
§ 1915(g). The imminent danger exception requires a
prisoner to allege a danger which is “ready to take
place or ‘hanging threateningly over one's
head.'” Andrews v. Cervantes, 493 F.3d
1047, 1056 (9th Cir. 2007). Plaintiff alleges that
defendants' policy of denying lifetime registered sex
offenders access to low-income subsidized housing forces him
to remain homeless. But plaintiff is currently detained and
does not state when he is due to be released. In ...