Fields v. Newsome
Fields v. Newsome
Trial Court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 MARCUS BRENT FIELDS, Case No.: 3:23-cv-01416-WQH-MSB CDCR #V-46240, 12 ORDER DENYING MOTION TO Plaintiff, 13 CONSOLIDATE AND DIRECTING vs. CLERK OF COURT TO ENTER 14 JUDGMENT GAVIN NEWSOM; KATHLEEN 15 ALLISON; D. GOULDY; NADINE [ECF No. 12] 16 BURKE HARRIS; J. CLARK KELSO;
S. GATES; UNKNOWN RJD NURSE, 17 Defendants. 18 19 20 HAYES, Judge: 21 On July 31, 2023, Plaintiff Marcus Brent Fields, a state inmate currently incarcerated 22 at the Kern Valley State Prison (“KVSP”) filed a pro se civil rights Complaint pursuant to 23
42 U.S.C. § 1983. (ECF No. 1.) Plaintiff’s claims were far from clear but he appeared to 24 claim that he received the COVID-19 vaccine when he was previously housed at the 25 Richard J. Donovan Correctional Facility (“RJD”) which “destroyed [his] heart.” See
id.at 26 2–6. Plaintiff sought injunctive relief, $54,000,000 in compensatory damages, and 27 $16,000,000 in punitive damages.
Id. at 9. Plaintiff also filed a Motion for Leave to Proceed 28 In Forma Pauperis (“IFP”). (ECF No. 5.) l However, the Court found that Plaintiff was not entitled to proceed IFP because he 2 || had previously filed four civil actions and appeals that had been dismissed on the grounds 3 they were frivolous, malicious, or failed to state a claim. (See Sept. 27, 2023 Order, 4 || ECF No. 8 at 4.) Accordingly, the Court denied Plaintiff's Motion to Proceed IFP as barred 5 || by
28 U.S.C. § 1915(g). See
id.In addition, the Court dismissed the entire action for failing 6 prepay the $402 civil and administrative filing fees required by
28 U.S.C. § 1914(a) and 7 || directed the Clerk of the Court to close the file. See
id.8 Currently before the Court is Plaintiff's Motion to Consolidate this matter with two 9 || other matters he has filed in this Court. (ECF No. 12.) In those other two actions,! Plaintiff 10 also been barred from proceeding IFP pursuant to
28 U.S.C. § 1915(g) and the actions 11 ||have both been dismissed. See Fields v. Gates, et al., S.D. Cal. Civil Case No. 3:23-cv- 12 || 1412-WQH-KSC (Order Denying Motion to Proceed IFP pursuant to
28 U.S.C. § 1915(g) 13 Dismissing Action) (Sept. 27, 2023); Fields v. Macomber, et al., S.D. Cal. Civil Case 14 || No. 3:23-cv-1575-DMS-JLB (Order Denying Motion to Proceed IFP pursuant to 28 U.S.C. 15 1915(g) and Dismissing Action) (Nov. 16, 2023). 16 Because all three matters have been closed, there are no grounds to consolidate and 17 || Plaintiff's Motion to Consolidate (ECF No. 12) is denied. The Clerk of the Court is directed 18 || to enter judgment for Defendants and no further filings will be accepted in this matter. 19 IT IS SO ORDERED. 20 ||Dated: December 1, 2023 BME: ie Z. A a 21 Hon. William Q. Hayes 9 United States District Court 23 24 25 26 || 27 ||" A court “may take notice of proceedings in other courts, both within and without the federal judicial 3g || system, if those proceedings have a direct relation to matters at issue.” Bias v. Moynihan,
508 F.3d 1212, 1225(9th Cir. 2007) (quoting Bennett v. Medtronic, Inc.,
285 F.3d 801, 803 n.2 (9th Cir. 2002)).
Reference
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