Meyers v. Foothills Corr. Inst. Wardens

Full title: DAVID MEYERS, Plaintiff, v. FOOTHILLS CORRECTIONAL INSTITUTION WARDENS, et al., Defendants.

Court: United States District Court, W.D. North Carolina, Asheville Division

Date published: May 31, 2023

Facts

Pro se Plaintiff David Meyers (“Plaintiff”) is a prisoner of the State of North Carolina currently incarcerated at Foothills Correctional Institution (“Foothills”) in Morganton, North Carolina. On May 9, 2023, he filed this civil rights action under 42 U.S.C. § 1983. [Doc. 1]. Plaintiff names Foothills, “Foothills Correctional Institute Wardens,” and thirteen individual Defendants, including officials at Foothills and with the North Carolina Department of Adult Corrections (NCDAC), as defendants in this matter. [Id. at 1]. By way of summary only, Plaintiff alleges that he tested positive for tuberculosis (TB) in 2012 and Defendants are forcibly injecting him with TB medication; that he is supposed to be housed in a Virginia prison and Defendants kidnapped him on three different occasions and seized his legal materials to prevent him from prosecuting his cases; that, on April 25, 2023, Defendants refused to pack Plaintiff’s 18  boxes of legal materials, causing dozens of his civil actions to be dismissed, and falsely claimed that Plaintiff refused his legal mail; that Defendants are trying to kill Plaintiff for practicing his Islamic religion; that Defendants seized his wheelchair because it did not fit through segregation doors and gave him a worn-out “severely dangerous extra small wheelchair” designed for a five-year-old child; and placed Plaintiff in a cell without “handicap rails,” forcing Plaintiff to defecate in his own hands. [Id. at 2–7]. Plaintiff claims that he is in “imminent danger” and asks the Court to hold an imminent danger hearing. [Id. at 1-2]. For relief, the plaintiff seeks $4 million in damages, transfer to a Virginia prison, and return of his property. [Id. at 7]. The plaintiff also seeks an unidentified temporary restraining order and asks the court to hold this matter in abeyance to allow the plaintiff to submit his complaint on the proper form. [Id. at 1, 7].

Issue

Decision

In sum, the Complaint will be dismissed as barred by the three-strikes provision of 28 U.S.C. § 1915(g) and Plaintiff’s motion to proceed in forma pauperis will be denied. Accordingly, the Court will vacate the Clerk’s Order for Prisoner Trust Account Statement [Doc. 5] as moot.

ORDER

IT IS, THEREFORE, ORDERED that Plaintiff’s Complaint [Doc. 1] is DISMISSED WITHOUT PREJUDICE to Plaintiff’s payment of the full filing fee pursuant to 28 U.S.C. § 1915(g).

IT IS FURTHER ORDERED that Plaintiff’s Application to Proceed in District Court Without Prepaying Fees or Costs [Doc. 2] is DENIED and the Clerk’s Order for Prisoner Trust Account Statement [Doc. 6] is VACATED. 

IT IS FURTHER ORDERED that Plaintiff’s motion to consolidate [Doc. 5] is DENIED as moot.

The Clerk is further instructed to add this case to the Plaintiff’s Filer Status Report in CM-ECF and to close this case.

IT IS SO ORDERED.

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