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Villanueva v. Hoffman

United States District Court, District of Hawaii

December 8, 2014

GERALD VILLANUEVA, #A4005447 Plaintiff,
v.
MICHAEL S. HOFFMAN, et al., Defendants.

ORDER DENYING RECONSIDERATION

Susan Oki Mollway Chief United States District Judge

On October 16, 2014, the court denied Plaintiff’s in forma pauperis application and dismissed this prisoner civil rights action without prejudice pursuant to 28 U.S.C. § 1915(g). Plaintiff was told he could reopen the case within twenty-eight days, or commence a new action at his discretion, with concurrent payment of the filing fee. See Doc. No. 3, Page ID #36.

On November 20, 2014, Plaintiff moved to proceed without payment of costs or fees as a veteran, and moved again to proceed in forma pauperis. Doc. Nos. 5, 6. The court denied these requests on November 21, 2014. Doc. No. 7.

Plaintiff now moves for reconsideration. Doc. No. 8. He apologizes if he missed the twenty-eight day deadline to reopen this case, but explains that the mail to Arizona is very slow.[1] Plaintiff then authorizes the prison to mail a copy of his prison trust account statement to the court, and to disburse partial payments to the court pursuant to 28 U.S.C. § 1915(b) (detailing the procedures for deducting payment when a prisoner is granted in forma pauperis status). Plaintiff provides no reason for the court to reconsider its two decisions to deny in forma pauperis status, Doc. Nos. 3, 7, or its decision to deny waiver of fees for him as a veteran, Doc. No. 7. Plaintiff apparently misunderstands the import of these decisions.

Plaintiff may not proceed in forma pauperis in this action because he has accrued more than three strikes pursuant to 28 U.S.C. § 1915(g) and he does not claim that he is in imminent danger of serious physical injury. The time has passed for reopening this case by submitting full payment of the filing fee. Plaintiff may raise his claims in a new action at any time with concurrent payment of the $400.00 filing fee.[2] Plaintiff’s Motion for Reconsideration is DENIED.

Plaintiff’s Motions are DENIED.

IT IS SO ORDERED.


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