Davis v. Hernandez et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
BEN DAVIS,
Plaintiff,
v.
NURSE LISA, et al.,
SUPERINTENDENT HERNANDEZ,
et al.,
KIMBERLY TURNER, et al.,
Defendants.
Case No. 3:23-cv-00205-JMK
Case No. 3:23-cv-00220-JMK
Case No. 3:23-cv-00247-JMK
ORDER OF DISMISSAL
Pending before the Court are three cases filed by self-represented prisoner
Ben Davis (“Plaintiff”) as captioned above. On October 25, 2023, the Court notified
Plaintiff that his filings in Case Nos. 3:23-cv-00205-JMK and 3:23-cv-00220-JMK
were deficient because Plaintiff failed to include the filing fee or a completed
application to waive prepayment of the filing fee in either case.1 	The Court
accorded Plaintiff 30 days to cure the deficiencies.
Then, on November 3, 2023, the Court denied Plaintiff’s application to
proceed without prepaying the filing fee in Case No. 3:23-cv-00247-JMK because
Plaintiff had previously accumulated more than the three “strikes”2 permitted by
1 Docket 3.
2 The Prison Litigation Reform Act requires that self-represented prisoners receive a “strike” if the
case is dismissed “as frivolous or malicious or for failure to state a claim upon which relief may
be granted.” 28 U.S.C. § 1915(g). A prisoner who receives more than three actions or appeals
in any federal court in the United States is prohibited from bringing any other actions without
Case 3:23-cv-00220-JMK Document 4 Filed 12/05/23 Page 1 of 2

Case No. 3:23-cv-00205-JMK, Davis v. Nurse Lisa, et al.
Case No. 3:23-cv-00220-JMK, Davis v. Superintendent Hernandez, et al.
Case No. 3:23-cv-00247-JMK, Davis v. Turner, et al.
Order of Dismissal
Page 2 of 2
the Prison Litigation Reform Act.3 The Court ordered Plaintiff to pay the civil filing
fee within 30 days.4
In each of the above captioned cases, the Court has reviewed the filings and
finds Plaintiff has not made a plausible allegation that he faced imminent danger
of serious physical injury when he filed any of the above captioned cases.5
Further, to date, Plaintiff has not responded to the Court’s orders.
IT IS THEREFORE ORDERED:
1. 	Each action is DISMISSED as deficient and for failure to comply with
a Court order.
2. 	Any pending motions are DENIED as moot.
3. 	The Clerk shall issue a final judgment.
DATED this 5th day of December, 2023 at Anchorage, Alaska.
/s/ Joshua M. Kindred
JOSHUA M. KINDRED
UNITED STATES DISTRICT JUDGE
prepayment of fees unless the prisoner can demonstrate that he or she is in “imminent danger of
serious physical injury.”
3 Davis v. Luper, Case No. 3:20-cv-00141-SLG, Docket 4 (Order of Dismissal & Notice of Third
Strike); see also prior dismissals and strikes in Davis v. State of Alaska, et al., Case Nos. 3:17-
cv-00263-TMB, Dockets 8 & 9, and Davis v. State of Alaska Public Defender Agency, et al., 3:18-
cv-00157-SLG, Dockets 6, 7. See also Davis v. Jones, Case No. 3:21-cv-00024-SLG (dismissing
the case for failing to meet the imminent danger exception paying the full filing fee).
4 Docket 5.
5 28 U.S.C. § 1915. 	See also Andrews v. Cervantes, 493 F.3d 1047, 1051-52 (9th Cir. 2007)
(addressing imminent danger exception for the first time in the Ninth Circuit).
Case 3:23-cv-00220-JMK Document 4 Filed 12/05/23 Page 2 of 2