Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Pinson v. United States

United States District Court, M.D. Pennsylvania

February 7, 2017

JEREMY PINSON, Plaintiff
v.
UNITED STATES, Defendant

          MEMORANDUM

          SYLVIA H. RAMBO United States District Judge.

         Background

         On January 31, 2017, Plaintiff Jeremy Pinson, an inmate at the Medical Center for Federal Prisoners, Springfield, Missouri(Federal Bureau of Prisons inmate number 16267-064) filed a complaint against the United States pursuant to 28 U.S.C. § 1331 and the Federal Tort Claims Act (“FTCA”).[1] (Doc. 1.) Pinson's claims are set forth a form civil rights complaint routinely provided to prison inmates. (Id.) Part IV, Statement of Claim, of the form complaint states in toto as follows:

While housed at USP Allenwood on 5-25-16 in SHU an officer employed by the United States issued and failed to pick up a razor blade and failed to notify psychology services when Jeremy Pinson a transgender care level 3 mentally ill inmate declared intent to castrate herself. Later that same night Pinson injured herself and was emergency hospitalized requiring reparative surgery - The officers post order and FOP policy left him no discretion on collecting the razor Or notifying psychology.

(Id. at 2-3.) As relief, Pinson requested $1, 000.000 in compensatory damages.

         Along with the complaint, Plaintiff filed a motion to proceed in forma pauperis and an authorization to have funds deducted from her prison account to pay the filing fee in installments. (Docs. 2, 6.)

         In the motion to proceed in forma pauperis (Doc. 2, at 1) Pinson stated under penalty of perjury that prior to the filing of the complaint she did file 3 or more actions or appeals in a court of the United States that were dismissed as frivolous, malicious, or for failure to state a claim upon which relief may be granted. However, Pinson claims that she is in imminent danger of serious physical injury. (Id. at 2.) In support of that claim Pinson merely states as follows: “See Complaint.” (Id.)

         Pinson admits that she has three strikes under 28 U.S.C. § 1915(g). Furthermore, an electronic search on PACER confirms that prior to filing the above-captioned case Pinson did file 3 or more cases that were dismissed under the Prison Litigation Reform Act Pub. L. No. 104-134, 110 Stat. 1321 (April 26, 1996)(“PLRA”).[2] In fact that review reveals that Pinson has filed at least 43 prisoner rights lawsuits (denoted by Nature of Suit number 550) and more than 130 civil actions.[3] The court will now enumerate some of Pinson's prior cases which were dismissed under the screening provisions of the PLRA.

         On June 1, 2009, Pinson (inmate number 16267-064) filed a civil rights complaint in the United States District Court for the Middle District of Florida. Pinson v. Pineiro, et al., No. 5:09-CV-00244-WTH-GRJ. On July 29, 2009, an order was issued dismissing the case with prejudice and it was specifically stated in the order that “[t]he dismissal of this case counts as a strike for purposes of 1915(g).” Pinson v. Pineiro, et al., No. 5:09-CV-00244-WTH-GRJ, slip op. at 32 (M.D. Fl. July 29, 2009)(Doc. 10)

         On June 24, 2009, Pinson (inmate number 16267-064) filed a civil rights complaint in the United States District Court for the Middle District of Florida. Pinson v. Chipi, et al., No. 5:09-CV-00283-WTH-GRJ. On July 29, 2009, an order was issued dismissing the case with prejudice and it was specifically stated in the order that “[t]he dismissal of this case counts as a strike for purposes of 1915(g).” Pinson v. Chipi, et al., No. 5:09-CV-00283-WTH-GRJ, slip op. at 32 (M.D. Fl. July 29, 2009)(Doc. 7)

         On July 12, 2010, Pinson (inmate number 16267-064) filed a civil rights complaint in the United States District Court for the Northern District of Alabama. Pinson v. Elston, No. 1:10-CV-01847-SLB-HGD. On January 6, 2012, a memorandum and order were issued dismissing the case pursuant to 28 U.S.C. § 1915A(b)(1) and it was specifically stated in the order that “[t]he dismissal of this action is a dismissal countable for purposes of 28 U.S.C. § 1915(g).” Pinson v. Elston, No. 1:10-CV-01847-SLB-HGD, final judgment (N.D. Ala. Jan. 6, 2012)(Doc. 14).

         On September 13, 2010, Pinson (inmate number 16267-064) filed a civil rights complaint in the United States District Court for the Northern District of Alabama. Pinson v. Rathman, et al., No. 1:10-CV-02469-AKK-HGD. On June 30, 2011, a memorandum and order were issued dismissing the case pursuant to 28 U.S.C. § 1915A(b) and it was specifically stated in the order that “[t]he dismissal of this action is a dismissal countable for purposes of 28 U.S.C. § 1915(g).” Pinson v. Rathman, et al., No. 1:10-CV-02469-AKK-HGD, final judgment (N.D. Ala. June 30, 2011)(Doc. 24).

         Pinson has also had an appeal dismissed by the Court of Appeals for the Eleventh Circuit dismissed as frivolous. Pinson v. Chipi, et al., No. 10-12235-B, order of dismissal, at 5 (11th Cir. Feb 2, 2011).

         For the reasons set forth below, the above-captioned case filed by Pinson in this district on January 31, 2017 will be ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.