United States District Court, E.D. Oklahoma
MARCUS D. WOODSON, Plaintiff,
JOE ALLBAUGH, et al., Defendants,
OPINION AND ORDER DENYING LEAVE TO PROCEED IN FORMA
A. White United States District Judge.
Marcus D. Woodson, a pro se prisoner in the custody of the
Oklahoma Department of Corrections (“DOC”), filed
this civil rights complaint pursuant to 42 U.S.C. §
1983, seeking relief for alleged constitutional violations
during his incarceration at Davis Correctional Facility
(“DCF”), a private prison in Holdenville,
Oklahoma (Dkt. 1). The defendants are DOC Director Joe
Allbaugh; Core Civic, Inc., aka CCA; M ark Knutson, DOC
Director of Administrative Review; Buddy Honaker, DOC Chief
Medical Officer; Jamie Lysinger, RN; Rhonda Shivey, LPN;
Serena Brewer, Medical Practitioner; Mark Gentry, Assistant
Warden; Julia Dorman, Chief of Unit Management; John Doe,
Chief of Security; DCF Assistant Warden Perez; Oklahoma Board
of Corrections; DCF Warden James Yates; Jamie Morales,
Mailroom Tech; and Ray Larimer.
also has filed a motion for leave to proceed in forma
pauperis and supporting documentation in conformance
with 28 U.S.C. § 1915(a) (Dkt. 2). A review of
Plaintiff's litigation history, however, indicates he has
accumulated at least three prior civil rights dismissals that
count as “prior occasions” or “strikes,
” pursuant to 28 U.S.C. § 1915(g):
In no event shall a prisoner bring a civil action or appeal a
judgment in a civil action or proceeding under this section
if the prisoner has, on 3 or more prior occasions, while
incarcerated or detained in any facility, brought an action
or appeal in a court of the United States that was dismissed
on the grounds that it is frivolous, malicious, or fails to
state a claim upon which relief may be granted, unless the
prisoner is under imminent danger of serious physical injury.
Id. The strikes were assessed in the following
(1) Woodson v. Casasanta, No.
96-CV-049 (N.D. Tex. Nov. 19, 1998) (dismissed as frivolous
and for failure to state a claim on which relief may be
(2) Woodson v. McLeod, No.
96-CV-098 (N.D. Tex. Dec. 8, 1998) (dismissed as frivolous).
(3) Woodson v. Garfield County
Sheriff, No. CIV-05-778-T, 2015 WL 2035039
(W.D. Okla. Aug. 23, 2005) (dismissed for failure to state a
claim on which relief may be granted).
(4) Woodson v. Garfield County Sheriff's
Dep't, No. CIV-05-1204-T (W.D. Okla. Dec.
28, 2006) (dismissed without prejudice for failure to exhaust
administrative remedies with assessment of
alleges the conditions of his confinement are
unconstitutional, and he specifically alleges in his
complaint and ifp motion that he is in imminent
danger of serious physical injury as stated below:
Plaintiff labeled a snitch and rat in front of maximum
general prison population, and gang members, and has been
targeted by gangs for [illegible] attacks. Denial of adequate
medical care for broken collar bone and chronic back injury
and deteriorating spinal condition. Exposure to unsanitary
conditions and increased risk of violence due to prison
(Dkt. 1 at 12).
Davis v. GEO Group. Corr., Inc., 696 Fed.Appx. 851,
854 (10th Cir. 2017), the plaintiff alleged he had been
denied adequate medical care by qualified medical providers
for his severe back pain and for a plantar wart, and he had
been denied footwear with adequate arch support. He claimed
he had suffered more than 25 years from the back pain which
significantly affected his daily activities, and the pain was
exacerbated by his not having proper foot support. He had
been treated at his facility with injections of prednisone,
but his requests to see an outside specialist and for
orthopedic shoes were denied, and the arch support insoles he
was provided did not fit his shoes. He contended that without
proper medical treatment, his suffering would continue and
his condition would deteriorate. Id.
district court denied Mr. Davis's application to proceed
in forma pauperis pursuant to the
“three-strike” rule of 28 U.S.C. § 1915(g).
The Court reasoned that, according to his own documents,
Davis could purchase athletic shoes from the canteen as
directed by his podiatrist. He also had received silver
nitrate to remove the plantar wart, and the medical personnel
had responded to and treated ...