1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS

AND DISMISSING CASE

PAGE 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

JOHN ROBERT DEMOS, JR., )

)

Plaintiff, ) CASE NO. C05-826JCC

)

v. )

)

UNITED STATES OF AMERICA, et al., ) ORDER DENYING APPLICATION 

) TO PROCEED IN FORMA PAUPERIS

) AND DISMISSING CASE 

Defendants. )

____________________________________)

This is the fourth civil rights action filed by Washington State prisoner John Demos in

2005. He alleges that prison officials are denying him adequate medical care by refusing to

properly treat his glaucoma. On May 2, 2005, the undersigned United States Magistrate Judge

granted Mr. Demos’ application to proceed in forma pauperis. (Dkt. #2). The Court has

reviewed Mr. Demos’ complaint and the record and hereby finds and ORDERS as follows:

(1) Mr. Demos is well-known locally and nationally as an abusive litigant. He is

under pre-filing bar orders in a number of courts, including this Court, the Eastern District of

Washington, the Washington State courts, the Ninth Circuit Court of Appeals, and the United

States Supreme Court. See, e.g., Demos v. Storrie, 507 U.S. 290, 291 (1993).

Under orders of this Court, Mr. Demos may submit only three in forma pauperis

applications and proposed actions each year. See In re John Robert Demos, MS91-269 (W.D.

Wash., January 16, 1992). Along with those materials, he must submit a separate statement that

Case 2:05-cv-00826-JCC Document 5 Filed 05/17/05 Page 1 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

1

 The other applications filed by plaintiff are in Case Nos. MS05-25RSM, MS05-58RSM,

and MS05-70MAT.

ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS

AND DISMISSING CASE

PAGE 2

shows good cause why he should be permitted to proceed in forma pauperis and an affidavit

attesting to the fact that the claims in the proposed action have not been previously presented in

any other action in any court. See In re John Robert Demos, MS91-269 (W.D. Wash., January

16, 1992) and In re Complaints and Petitions Submitted by John Robert Demos (W.D. Wash.,

December 15, 1982). Furthermore, under 28 U.S.C. § 1915(g), Mr. Demos must demonstrate

“imminent danger of serious physical injury” to proceed in forma pauperis because he has had

numerous prior actions dismissed as frivolous, malicious or for failure to state claim. See

Demos v. Lehman, MS99-113 (W.D. Wash., August 23, 1999).

Although the Court previously granted plaintiff’s in forma pauperis application, upon

further review of the record, it appears that because this is his fourth application this year,

plaintiff has exceeded the number of filings permitted by the Court.1

 In addition, the instant

application does not meet the requirement under 28 U.S.C. § 1915(g) of demonstrating that

plaintiff is in imminent danger of serious physical injury. While he alleges that prison officials

are ignoring his glaucoma, one of plaintiff’s own exhibits indicates that he was seen by an

ophthalmologist on September 24, 2004. (Dkt. #4, Ex. A-20). The ophthalmologist concluded

that plaintiff had “uncontrolled glaucoma, probably due to poor compliance” with previous

instructions to use eye drops to treat his condition. (Id.) Thus, plaintiff fails to show that he is

in imminent danger of serious physical injury, and his application to proceed in forma pauperis

could also be denied on that ground. 

Accordingly, the previous Order granting plaintiff’s application to proceed in forma

pauperis is hereby VACATED and the application is DENIED. Because plaintiff has not paid

the applicable filing fee, this action is DISMISSED.

(2) The Clerk shall send a copy of this Order to Mr. Demos and to United States

Case 2:05-cv-00826-JCC Document 5 Filed 05/17/05 Page 2 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS

AND DISMISSING CASE

PAGE 3

Magistrate Judge Monica J. Benton.

DATED this _17th_ day of May, 2005.AJOHN C. COUGHENOUR

United States District Judge

Recommended for Entry

this _17th_ day of May, 2005

_/s/ Monica J. Benton_ ______

MONICA J. BENTON

United States Magistrate Judge

Case 2:05-cv-00826-JCC Document 5 Filed 05/17/05 Page 3 of 3