J. O'LOughLin v. John Doe, a Member of the Medical Staff Who Administers Medications at 5:00 P.M. Director of Adult Detention

Washington state prisoner J. O’Loughlin appeals the district court’s order denying him leave to file his pro se civil rights complaint under 42 U.S.C. § 1983 in forma pauperis and requiring him to follow special procedures in any future attempts to proceed in forma pauperis in this case or any other filed in the Western District of Washington. We hold that the district court did not abuse its discretion by denying the plaintiff in forma pauperis status and accordingly AFFIRM that portion of the district court’s decision. We REVERSE and REMAND, however, the district court’s placement of “special condi tions” on the plaintiffs future in forma pauperis filings.

FACTUAL AND PROCEDURAL BACKGROUND

J. O’Loughlin, state prisoner and plaintiff-appellant pro se, attempted to file his 42 U.S.C. § 1983 civil rights complaint in forma pauperis in the Western District of Washington. Plaintiff’s complaint alleged that prison officials deliberately disregarded his repeated requests for aspirin and antacid for his headaches, nausea and pains in violation of the Eighth and Fourteenth Amendments. O’Loughlin also appeared to claim that prison overcrowding further indicated officials’ deliberate…