United States District Court, D. Nevada
VICTOR M. TAGLE, SR., Plaintiff,
DHS/ICC INS., et al., Defendants.
HOFFMAN, JR. UNITED STATES MAGISTRATE JUDGE
before the court is Nevada state-prison inmate Victor M.
Tagle, Sr.'s application to proceed in forma
pauperis (ECF No. 6), filed on August 6, 2018.
before the court is Tagle's motion for leave to proceed
in forma pauperis (ECF No. 7), filed on August 13,
before the court is Tagle's motion to reinstate his
motion for a speedy trial (ECF No. 10), filed on September 4,
before the court is Tagle's motion for intervention and
transfer (ECF No. 11), filed on September 6, 2018.
before the court is Tagle's motion for court and police
intervention (ECF No. 14), filed on October 4, 2018.
before the court is Tagle's motion for Speedy Trial (ECF
No. 15), filed on October 4, 2018.
19, 2018, the court denied plaintiff's application to
proceed in forma pauperis and ordered plaintiff to
file a complete application or pay the $400.00 filing fee for
a civil action. (Order (ECF No. 5).) The court also denied
plaintiff's pending motions without prejudice for Tagle
to renew after the issue with filing fee was resolved, and
after the court screened Tagle's complaint.
(Id.) Plaintiff now renews his application to
proceed in forma pauperis and motions previously
dismissed by the court.
IN FORMA PAUPERIS APPLICATION
plaintiff Victor Tagle is a prisoner who is in the custody of
the Nevada Department of Corrections (NDOC) but being housed
at a private prison in Arizona. Nev. Dep't of Corr. (June
13, 2019) http://doc.nv.gov/Inmates/Home/ (inmate search by
name Victor Tagle or offender ID 1080239). He has an
extensive history of filing civil actions in this court that
are either malicious or insufficiently pled,  so he is
ineligible for pauper status unless he is “under
imminent danger of serious physical injury.”
See 28 U.S.C. § 1915(g) (a prisoner that has
filed 3 or more cases that were dismissed for frivolity,
maliciousness, or a failure to state a claim may not proceed
in forma pauperis unless he is in imminent danger of serious
injury); see also Tagle v. Core Civic America, No.
18-16377 (9th Cir. 2018) (where the Ninth Circuit concludes
that the district court correctly determined that Tagle had
three prior actions dismissed as frivolous, malicious, or for
failure to state a claim pursuant to 28 U.S.C. §
1915(g)). Given Tagle's current three-strikes status, the
court will first review Tagle's complaint to determine if
he is in imminent danger of serious physical injury.
alleges that he is imprisoned and faces murder from Mexican
authorities on the sole basis of serving as a United States
Soldier. (ECF No. 1-1.) Plaintiff's complaint details an
account of enlisting in the army in 1989, an alleged
attempted deportation that took place shortly thereafter, and
a possible attempt to re-enlist in 1999. Plaintiff further
claims that he faced multiple issues with DHS/INS, despite
lawfully residing in the United States. Plaintiff further
alleges that since attending his father's funeral in
Mexico in 1993, he has faced death threats from the Mexican
authorities. Further, plaintiff challenges criminal charges
for “failure to adjust status, ” stemming from
1992. Plaintiff seeks immediate instatement of U.S.
Citizenship and an award of two million dollars for every
year he was harassed by DHS/IINS. Lastly, Plaintiff states
that in the event of his death in DHS/INS custody, DHS/INS
will be the undisputed cause of his death and therefore,
automatically liable for 20 million dollars in damages.
reviewed plaintiffs complaint, the court does not find an
indication that he is in imminent danger of serious physical
injury. As such, Tagle must pay the $400 filing fee in full
before he may proceed with this action. The court therefore
denies all other pending motions until the matter of the
filing fee is resolved.