Automated Summary
Key Facts
This is an Order to Show Cause from the United States District Court for the Central District of California, Western Division, dated September 26, 2025. The case involves Jerome L. Grimes, a detainee at Larry D. Smith Correctional Facility in Banning, California, proceeding pro se and seeking leave to proceed in forma paupers, versus Inglewood Memorial Cemetery and other defendants. The court determined that the plaintiff has had at least three prior civil actions dismissed as frivolous, malicious, or for failing to state a claim, making this action subject to dismissal under 28 U.S.C. § 1915(g), the 'three-strikes' provision. The court ordered the plaintiff to show cause why the action should not be dismissed and to file a response within 21 days or pay the full filing fee.
Issues
- The court examines whether Jerome L. Grimes, a detainee at Larry D. Smith Correctional Facility, has had three or more prior civil actions dismissed as frivolous, malicious, or for failing to state a claim while incarcerated. The court must determine if the plaintiff is subject to dismissal under 28 U.S.C. § 1915(g) and whether he qualifies for any exceptions.
- The court evaluates whether Plaintiff has sufficiently alleged that he is under imminent danger of serious physical injury, which would constitute an exception to the three-strikes provision of 28 U.S.C. § 1915(g). The court notes that vague or conclusory assertions of imminent danger are insufficient to invoke this exception.
Holdings
The court determined that Plaintiff Jerome L. Grimes has had at least three prior civil actions dismissed as frivolous, malicious, or for failing to state a claim, making this action subject to dismissal under 28 U.S.C. § 1915(g). The court ordered Plaintiff to show cause in writing within 21 days why this action should not be dismissed, or alternatively pay the full filing fee to avoid dismissal.
Legal Principles
28 U.S.C. § 1915(g), the 'three-strikes' provision, prohibits prisoners from proceeding in forma paupers in civil actions if they have had three or more prior cases dismissed as frivolous, malicious, or failing to state a claim. The plaintiff bears the burden of persuading the court that this provision does not apply, including demonstrating imminent danger of serious physical injury as a narrow exception. Courts may raise this issue sua sponte, and dismissal under § 1915(g) is without prejudice to refiling after prepayment of the filing fee.
Precedent Name
- White v. Colorado
- Lopez v. Smith
- Andrews v. King
- Martin v. Shelton
Cited Statute
- 28 U.S.C. § 1915(g)
- 28 U.S.C. § 1915(h)
Judge Name
Judge John D. Early
Passage Text
- Accordingly, Plaintiff is ORDERED TO SHOW CAUSE in writing why this action should not be dismissed on the grounds that he has suffered three or more 'strikes' within the meaning of 28 U.S.C. § 1915(g) and has not plausibly alleged that he is under imminent danger of serious physical injury. Within twenty-one (21) days of this Order, Plaintiff shall file a written response setting forth any and all legal and/or factual bases why this action should not be dismissed under 28 U.S.C. § 1915(g).
- has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action... in a court of the United States that was dismissed on the grounds that it 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.
- As it appears that Plaintiff, a 'prisoner,' has had at least three prior civil actions he commenced as a prisoner dismissed as frivolous, malicious, or for failing to state a claim upon which relief may be granted, it appears this action is subject to dismissal under 28 U.S.C. § 1915(g).