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Lewis v. King County

United States District Court, W.D. Washington, Seattle

October 10, 2019

ANTHONY EUGENE LEWIS, Plaintiff,
v.
KING COUNTY and CITY OF SEATTLE, Defendants.

          REPORT AND RECOMMENDATION

          BRIAN A. TSUCHIDA, CHIEF UNITED STATES MAGISTRATE JUDGE.

         Plaintiff 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 fee.

         DISCUSSION

         Plaintiff 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.

         Under § 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 22, 2019.
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.

         In 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 litigant:

Lewis v. King County, No. C19-1295-MJP-MAT (W.D. Wash), recommendation of dismissal filed September 20, 2019.
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.

         Because 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 ...


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