Bibliophile (Waseem Daker) Murder Case Update

Tacitus

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Nothing yet... WHY WON'T THEY POST?
 

Lemony Vengeance

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this was just posted on the N-G.com FB page by someone claiming to be lottie:

UPDATE CONCERNING WASEEM DAKER!!

Since my recent recantation, I understand all of your anger towards me. There are no words to express how sorry I am not only to Mr. Daker and his family but also the entire public.

There is a lot of misinformation, misunderstandings and lack of the truth getting out to the public. I want to clarify some:

I first want to apologize for lying. It is inexcusable and despicable. There are many things from my past I am not proud of and very ashamed of. I am extremely sorry.

Back in 1995 Mr. Daker and I were friends and on the same paintball team. He was welcome into my home. He babysat my daughter and we formed a friendship.

Yes, I was a drug addict.

Yes, I engaged in consensual sexual relations with Mr. Daker.

Yes, he did call my home relentlessly and would come to my home at all hours without permission.

Yes, he was suicidal and threated to kill himself.

Yes, he placed a gun to his head and threated to kill himself.

Yes, I did contact the police in Fulton County, GA in an effort to get the phone calls, the unannounced visits to my home to stop and also in an effort to get Mr. Daker help for his suicidal threats.

In the middle of August 1995 when the Detective working on the harassing communication case came to my apartment in Roswell, GA, in the course of that conversation, he said he couldn’t do much about the harassing communication or Mr. Dakers suicidal threats but if I were to say he threatened me and my daughter, that would give him more to work with.

That is what I did on 9/1/1995 when he came to my place of employment. (Which also happens to be the day I moved to Cobb County, GA.)

Karmen and I were NOT roommates. She lived in a basement apartment, in-law suite below me. She had her own private entrance.

I moved to Cobb County just 7 weeks before her murder.

ALL PRIOR police reports were harassing communications. In those reports, NOTHING is ever mentioned concerning threats to my daughter or myself. My ONLY concerns at that time was for Mr. Daker’s personal safety due to his threats to harm himself and also wanting the calls and his coming by my Roswell, GA apartment to stop.

On several occasions Mr. Daker did in fact take my medication and flushed it down the toilet. Which angered me. We did get into altercations at my home over my drug abuse. I was the aggressor and attacked Mr. Daker for taking/flushing/ my pills and threatening to contact my family and employer that I had an addiction to pills and also that I was stealing medication from the Doctors office I worked and was also using their DEA number to call in prescription drugs for myself. I was a selfish, self-centered, self-serving drug addict who only thought of her and the pills.

Yes, I wanted the calls to stop. Yes, I wanted Mr. Daker to stop coming by my Roswell, GA home. Yes, I wanted Mr. Daker to get help for his suicidal threats.

On 9/1/1995 Mr. Daker was arrested at my place of employment for violating a restraining order. He was at my place of employment calling from a payphone threating to tell my employers I was stealing Xanax, Ambien, and Prozac from the office. (my place of employment)

He was held in Fulton County Custody for 3 weeks and then ordered by the court to inpatient psychiatric help for his depression. He was released around 10/13/95. (10 days before Karmen Smith was murdered)

On 10/23/1995 Karmen Smith was brutally strangled to death, her 5 year son Nick stabbed 18 times. My 10 year old daughter was just feet away when Nick was grabbed into the room and attacked. It was a horrific day for everyone involved.

It was traumatizing for someone I knew, who lived below us, to be murdered and her 5 year old son attacked and my daughter being downstairs at that time of Nick’s attack.

NOTHING CAN PREPARE ANYONE FOR SUCH A HORIFIC CRIME. I was terrified.

Karmen’s sister was yelling in my driveway about my stalker.

The police led me to believe it was Waseem.

I falsely believed Waseem Daker committed the crimes. The O. J Simpson verdict just came back just weeks before her murder and I wanted to make sure he didn’t get away with murder as I thought O.J Simpson had.

Yes, I lied. I justified my lies back in 1995 because I wanted him to pay. I was led to believe he was at the house to kill my daughter. I did and was willing to lie to keep him in jail to protect my daughter.

For the last 18 years I was terrified of Waseem Daker. I had nightmares and wanted him to pay for what I THOUGHT he had done to Karmen and Nick and what I was led to believe he wanted to do to my daughter. My fear was genuine but it was genuinely wrong.

Since 1995 I was told by the Detectives and the DA’s office they could NOT share any of the evidence concerning this case until after Mr. Daker was convicted. I was told to trust them, they had overwhelming evidence Waseem Daker was there guy and it couldn’t be anyone else but Daker.

18 years later during closing arguments during Waseem Dakers 2012 trial was the first time I learned Karmens lifeless body was wrapped in 5 layers of bedding.

Just prior to her murder, I gave Karmen 2 blankets. She had complained about being cold. (I regulated the heat and the A/C for the entire house from within my dwelling) I gave Karmen 2 blankets. Blankets that clearly Waseem Dakers DNA could be on.

Also of note. The DA’s DNA expert testified that animal hairs were mixed in with the other hairs. Karmen did NOT have a pet. I did. Clearly not only WAS Dakers DNA hair on the blankets BUT ALSO my pets.

THE DA’S OFFICE, DETECTIVES IN THIS CASE NEVER TESTED FOR MY DNA ON THE BLANKETS OR ANY OTHER SUSPECTS DNA. ONLY DAKER!

DNA expert Dr. Greg Hampikian of the Idaho Innocent project testified during hearing that even when washing blankets, hairs would still remain.

After the trial in 2012, I did contact the Cobb County DA and informed him of the blankets. He wanted to me to let it go. I COULDN’T. I contacted him a few times and once it was clear he was unwilling to do what was right and bring to light the new evidence of the blankets and my lies, I was left with no other alternative but to seek Mr. Dakers past attorneys and stand by council. I was informed by all of them, Mr. Daker would have to bring this up on appeal. I was told by ALL of them, there was nothing they could do. I would have to contact Mr. Daker.

Did I lie about being intimate with Waseem Daker? Yes. Have any of you ever lied about someone you were intimate with? We broke no law. We entered a consensual sexual relationship. Was it wrong for me to lie? Yes.

If you were led to believe someone was at your home to kill your child or loved on, what would you do to protect him or her? Would you lie? I did. I was wrong. At what length would you go to protect a loved one if you were led to believe he killed a beautiful woman, attached a 5 year old boy and was there to kill your loved one?

I am not making excusing for what my lies have caused. I am merely trying to explain why. What I did was despicable. NOTHING any of you can think or say about me can come close to what I already think of myself.

Yes, I do have an insurance policy. My 28-year-old daughter, my 8-year-old son and Waseem Daker will share equally said policy. Some may think It’s crazy for me to include Mr. Daker in my life insurance policy. What people find hard to believe is I am remorseful. I am extremely sorry. I know my lies played a roll in Mr. Dakers conviction. I will do whatever I can to help Mr. Daker. I am hoping by leaving a portion of my policy will help him hire a defense team or to get back on his feet once he is released. There is not enough money I could leave, give or do for Mr. Daker to make up for the part I played in his conviction.

Saying the words “I am sorry” is not enough. Doing what I can is just a start but it can never be enough to make restitution or restore the damage that has been done and what I have caused. God knows I am trying my best now.

As the entire world continue to demonize me, everyone fails to remember the REAL STORY. A beautiful woman was murdered. Her 5-year-old son was attacked and left for dead and an innocent man by the name of Waseem Daker was convicted for crimes he did NOT do. There is a killer out there who has BLUE eyes that has gotten away with murder.

There is a lot of information the public and the JURORS were NOT allowed to hear. Mr. Daker did NOT receive a fair trial because the trial Judge Ms. Mary Staley gutted his entire defense. She would NOT allow Mr. Daker to defend himself by allowing him to bring up the MANY people in Karmens life who did in fact threated to kill her, abuse her and harass her up to the very day she was murdered etc.

She had problems with several men in her life. She was a gorgeous fiery red head that didn’t but up with any BS from anyone. She angered past and current men in her life. She was threatened and scared of many and several of them threatened to kill her. Up to the very day she was murdered she was fighting with her ex-husband, he has blue eyes and also called in sick to work that day. He also worked for Cobb County as a probation officer. She told many of us she was frightened of him and was going to take out a restraining order on him. He broke into her apartment many times and did so one week before her murder, hit her and fought with her the evening before the murder and the morning of the murder. Seem suspicious?

Also, at the time she was murdered she was dating someone from Iowa who lived in Georgia. She was planning to break up with him the very week she shows up murdered. She was concerned about breaking things off with him. He fled the State of GA the day after the murder and returned one week later. Seem odd to you? It does to me.

Karmen was also involved with a Police Officer who’s wife called her and threatened to bring harm to her.

Another man she dated for a few years threatened to kill her. One of her friends from Iowa called Cobb County Police in 1995 after the murder and said they should look at this ex boyfriend because he has made many threats to kill her.

The murder weapon does NOT have Waseem Dakers DNA on it. It does however have another DNA profile. They NEVER tested any of her current or ex boyfriends or other suspects in the case with the DNA profiles they have from the scene. They ONLY tested Dakers DNA but results came back as NOT DAKERS DNA.

Baseball cap found at the scene at the very same location Nick was attacked was tested not once but twice. It has a DIFFERENT DNA profile. NOT DAKERS!

In 1995 NONE of the hairs found at the crime scene had any roots. MANY years later they find one? Seem strange to anyone else? Hairs do not GROW ROOTS!

In 2009 when they opened this COLD CASE, the detective working on the case threw away SOME of the hairs they plucked from Waseem back in 1995 (hairs samples to compare against the ones found at the scene) around the same time they miraculously found a hair with root. Seems suspicious? How do we know he didn’t pull a switcheroo? He also only took Dakers hair to the private lab in TX. When opening a cold case wouldn’t you want to test everyone?

When Nick was interviewed immediately after the attack in 1995 he said the attacker was wearing a black mask and had blue eyes. Daker has brown eyes.

Karmen put up a fight. Anyone who knew her would know she would have never gone down without a fight. She fought hard. She had bruising on her knuckles, bleeding around her nail beds. Waseem Daker was checked just hours after the murder and he didn’t even have a red mark.

Also of note, the DNA expert said even if the blankets I gave Karmen were washed (which we can assume were washed) would still have DNA hairs on them. In others words, you cant just wash hair away.

No, I do not recall what specific colors of the 2 blankets. I can describe them in general terms. AGAIN I didn’t know Karmen was wrapped in 5 layers of bedding till 18 years AFTER the crime during closing arguments. I can’t recall what I ate last Tuesday.

Why not arrest Daker in 1995? 1996? 1997? 1998? 1999? 2000? 2001? 2002? 2003? 2004? 2005? 2006? 2007? 2008? The trial was last year in 2012. They NEVER arrested him for ALL these years because they HAD NO EVIDENCE.

Waseem Daker harassed me. He called and showed up at my home uninvited. That does not make him a killer. It doesn’t make sense for him to hurt anyone. Why Karmen and her son? We were neighbors not roommates. I just moved to the neighborhood into the Cobb County home just 7 weeks before the murder.

It doesn’t make any sense for a stranger (Daker) to hurt Karmen or Nick. It makes more sense it was someone she knew. ALL THE OTHER SUSPECTS were NOT brought out at court. THE JUDGE WOULD NOT ALLOW THE JURY TO HEAR ABOUT ANY OF THE OTHER SUSPECTS. Does that seem like a fair trial to you? Is that Justice?

WHY WERNT THE OTHER SUSPECTS DNA TESTED?!?

Waseem has been trying to get a court appointed attorney but the same trial judge Mary Staley has DENIED him indigent status. ALL his attempts are DENIED without even giving him a hearing.

You can go to Cobb County Superior Court Inquiry.

http://www.cobbsuperiorcourtclerk.org/courts/

Do a criminal search Under name, type in Daker Waseem (NO COMMAS) Go to VIEW murder Go to pleadings Scroll down to: DENY CT APPOINT ATTY ALSO READ MOTIONS FOR NEW TRIAL

I have searched out every harassing/stalking case in the USA/UK and yet to find one case where someone who was harassing someone over a break-up killed a neighbor.

Karmen was strangled. Nick was stabbed 18 times. This was a targeted attack against Karmen.

If being remorseful, sorry and feeling terrible for what my lies have caused an innocent man is crazy, call me crazy.

Waseem was railroaded. If I CLEARLY SEE how he was railroaded, cant you? He needs all of our help. We need to get the truth out!

I came forward because it is the right thing to do. I will likely be charged for perjury. It is humiliating to come forward publicly and admit your faults. But this is not about me, this is about an innocent man who has been falsely convicted of crimes he did not do. Can any of you see that?

You may not know Waseem Daker or you may not even like him. This is not about who you know or if you like someone. This is about TRUE justice for an innocent man and he needs your help.

Are you willing to help?

If you want to contact me, I opened a FACEBOOK page under: justice seeker

HELP AND SUGGESTIONS ARE NEEDED!


Here's the FB page they created..
https://www.facebook.com/waseem.daker.3?hc_location=stream
 

KagerouSama

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this was just posted on the N-G.com FB page by someone claiming to be lottie:




Here's the FB page they created..
https://www.facebook.com/waseem.daker.3?hc_location=stream

If that's truly Lottie, and she has admitted to putting the man she lied to have placed into custody onto her life insurance policy as a matter of redemption and apology, PUT HER ON SUICIDE WATCH.

American Foundation for Suicide Prevention - How to report suicidal content threats on Facebook
 

Dr Shroom

made it in japan
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Wow he fucked her? I thought it's forbidden for muslims to touch pig?
This shit needs Phoenix Wright.
 

OrochiEddie

Kobaïa Is De Hündïn
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When you see our banner say "come for the games stay for teh drama." this is TEH drama.
 

NeoSneth

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I've heard so many stories of Police taking shortcuts just to get a conviction. You never think it's really true, but this is just another example of how they get tunnel vision when it comes to finding the truth.

If someone you know is murdered, get a lawyer. Empty out your savings and prepare to pay.
 

GohanX

Horrible Goose
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Wow he fucked her? I thought it's forbidden for muslims to touch pig?
This shit needs Phoenix Wright.

Too busy with my current client, although I wonder if she may be related to the witness in the Daker case.

tumblr_inline_mxnmuk85Qo1s6o1a5.jpg
 

RevQuixo

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SNKorSWM

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The court won't hear her out either. That judge is hell-bent on keeping the life + 47 year sentence.
 

Phyeir

My only regret is that I have... Boneitis!
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fX7hU.gif

The face you can trust.

You know, all I could think since I saw her and this gif how much she reminds me of that giant fish (Big Bertha) from SMB games and google image provided the perfect evidence...

856291-bigbertha1.jpg

It's uncanny.
 

SML

NEANDERTHAL FUCKER,
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I haven't heard anything since February. It's been just over a year since Judge Staley denied the appeal. Any heard anything?
 

KagerouSama

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I haven't heard anything since February. It's been just over a year since Judge Staley denied the appeal. Any heard anything?

Marietta Daily Journal Online - High court rules Daker has right to legal access


High court rules Daker has right to legal access
by Rachel Gray
February 25, 2014 04:00 AM


MARIETTA — The most recent court case of a convicted killer from Cobb has the Georgia Supreme Court underscoring the rights of prison inmates to access law libraries and seek help in legal filings.

In September 2012, Waseem Daker was convicted by a Cobb County jury in the 1995 stabbing and strangling death of Karmen Smith, a Delta flight attendant.

Daker was also convicted of stabbing her 5-year-old son multiple times. Nickolas Smith, who survived and is now in his early 20s, testified at

Daker’s trial.

Sentenced to life plus 47.5 years in prison, Daker is incarcerated in the “Special Management Unit” of the Georgia Diagnostic and Classification Prison in Butts County.

According to summaries of opinions by the Georgia Supreme Court published Monday, while serving his sentence at state prison in Jackson, Daker complained several times to prison officials that he has no access to a law library or legal materials.

On Jan. 10, 2013, Daker tried to file a petition for a “writ of mandamus” in Butts County Superior Court to force then Warden Carl Humphrey to provide access to a law library.

A writ of mandamus issued from a court commands a particular act that is required by law to be completed by another agency.

Chief Superior Court Judge Thomas Wilson, from the Towaliga Judicial Circuit in Forsyth, ruled the mandamus petition was frivolous and ordered the court clerk not to allow its filing, according to the Georgia Supreme Court summary document.

Superior Court upholds constitutional rights

Daker next filed an application with the Georgia Supreme Court to review the case. The high court ruled the lower court’s decision was wrong and the filing for mandamus must be allowed.

“Prisoners have a constitutional right of access to the courts,” Justice Robert Benham writes for the Georgia Supreme Court in the summary released Monday.

The right of access “requires prison authorities to assist inmates in the preparation and filing of meaningful legal papers by providing prisoners with adequate law libraries or adequate assistance from persons trained in the law,” Benham said.

Since his conviction, Daker has filed a motion requesting a new trial, which was denied at the end of October by Cobb Superior Court Judge Mary Staley.

During each case, Daker has been representing himself. He initially filed motions from his cell in the Cobb County jail prior to his conviction.

Cobb County Jail Commander Don Bartlett said the Cobb jail library, which includes books on county, state and federal codes, has been open since he began working there more than 30 years ago.

Bartlett said Daker was housed at the Cobb jail for years awaiting trial dates in Cobb.

“He is very adept at using a law library,” Bartlett said.

Access to legal information

The process to obtain legal information at the Cobb jail starts with the inmate giving a request to the law librarian, who Bartlett said is a paralegal with a law degree.

The librarian, who has access to Westlaw, an online legal research service, researches the subject matter and sends the materials to the inmate’s cell. The inmate can then request more information if needed, Bartlett said.

“We try to provide meaningful access, reasonable access,” Bartlett said, but the access is not to be used as an excuse to venture out of the cell block. “You don’t want it to turn into a field trip.”

Bartlett said anytime inmates are moved out of a cellblock, there is a safety concern, and in the past, there have been fights in the library.

Bartlett said Cobb provides legal aid and access to court-appointed attorneys.

Still, there are situations where the inmate is representing his or herself, both in criminal and civil cases that may not even relate to the reason the suspect is in jail.

Bartlett said inmates who represent themselves have “a fool for a client,” and an attorney would take their case through the court system quicker.

“These people are not qualified to represent themselves,” Bartlett said.

I haven't found any articles listed after February.

Edit: This happened in September:

Leagle - Decision - Daker Vs. Head
DAKER v. HEAD Civil Action No. CV614-047.


WASEEM DAKER, Plaintiff, v. PATRICK HEAD; JESSE D. EVANS; MARY E. STALEY; BRIAN OWENS; TIMOTHY WARD; RANDY TILLMAN; RICK JACOBS; ROBERT E. JONES; CARL HUMPHREY; DR. SHARON LEWIS; SHEVONDAH FIELDS; LISA FOUNTAIN; TORIS McLESSIA ROZIER; JAMES DEMETRIUS SMITH; GEORGIA DEPARTMENT OF CORRECTIONS; ROBERT TOOLE; WENDELL FOWLER; JOHN PAUL; Ms. KILGORE; Mr. DELOACH; MILTON SMITH; MURIEL JACKSON; JOHN DOE; JANE DOE; DR. JOHN DOE; DR. JANE DOE; Ms. KING; P. MURPHY; Off. HENRY; Ms. BROWN; THREE JOHN DOES; BRUCE CHATMAN; JUNE BISHOP; DR. DEAN BROOME; Mr. CARAVELLO; WILLIAM McNUNN; STEPHEN NICOLOV; SHARON BROWN; Ms. LIGHTSEY; Ms. CROWDER; Ms. STRICKLAND; Ms. DOBBS; Ms. SICVERS; Ms. COWART; Ms. BRADY; TIFFANY WOOTEN; Mr. THURMOND; DEBBIE KING; Major SMITH; Sgt. SALGADO; RONNIE SHUEMAKE; TARAL TODMAN; BENJAMIN WARREN; ASWON CAULEY; FREDDIE DAVIS; JAMES McMILLAN; MICHAEL NUPEN; TORJKA NASH; LESLEY MEDLOCK; and SARAH BARBER, Defendants.
United States District Court, S.D. Georgia, Statesboro Division.
September 8, 2014.

Waseem Daker, Plaintiff, Pro Se.
ORDER and MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

JAMES E. GRAHAM, Magistrate Judge.

Plaintiff, who is currently incarcerated at Georgia State Prison in Reidsville, Georgia, filed an action, as amended, pursuant to 42 U.S.C. § 1983 contesting certain conditions of his confinement. A prisoner proceeding in a civil action against officers or employees of government entities must comply with the mandates of the Prison Litigation Reform Act ("PLRA"), 28 U.S.C. § 1915. 28 U.S.C. § 1915(g) of the PLRA provides:
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.

28 U.S.C. § 1915(g). This provision of the PLRA "requires frequent filer prisoners to prepay the entire filing fee before federal courts may consider their lawsuits and appeals." Rivera v. Allin, 144 F.3d 719, 723 (11th Cir. 1998).

A review of Plaintiff's history of filings reveals that he has brought at least three civil actions or appeals which were dismissed and count as strikes under § 1915(g): 1) In re: Waseem Daker, No. 11-11937 (11th Cir. June 3, 2011) (finding appeal frivolous) 2) State of Georgia v. Daker, No. 12-12519 (11th Cir. Nov. 5, 2012) (motion to proceed in forma pauperis denied after finding appeal frivolous and appeal dismissed for want of prosecution after Plaintiff failed to pay the filing fee); 3) In re: Waseem Daker, No. 12-12073 (11th Cir. July 12, 2012) (same); and 4) Daker v. Mokwa, 2:14cv395 (C.D. Cal. Feb. 4, 2014) (complaint dismissed as being frivolous, malicious, or failing to state a claim upon which relief may be granted).1

The Eleventh Circuit upheld the constitutionality of section 1915(g) in Rivera. In so doing, the Court concluded that section 1915(g) does not violate an inmate's rights to access to the courts, to due process of law, or to equal protection, or the doctrine of separation of powers. Rivera, 144 F.3d at 721-27. Because Plaintiff has filed three previously dismissed cases or appeals which qualify as strikes under section 1915(g), Plaintiff may not proceed in forma pauperis in this action unless he can demonstrate that he meets the "imminent danger of serious physical injury" exception to § 1915(g).

Plaintiff cannot claim that he should be excused from prepaying the filing fee because of the "imminent danger of serious physical injury" exception to § 1915(g). In order to come within the imminent danger exception, the inmate must be in imminent danger at the time he files suit in district court, not at the time of the alleged incident that serves as the basis for the complaint. Medberry v. Butler, 185 F.3d 1189, 1193 (11th Cir. 1999). As noted by the Court, "a prisoner's allegation that he faced imminent danger sometime in the past is an insufficient basis to allow him to proceed in forma pauperis pursuant to the imminent danger exception to the statute." Id.

In this Complaint, Plaintiff names over thirty (30) individuals, including former Cobb County prosecutors and a judge. Plaintiff contends that he was convicted in Cobb County Superior Court, and upon his conviction, Defendants Head, Weathers, and Staley asked the Georgia Department of Corrections to place Plaintiff in solitary confinement in an effort to hinder his ability to challenge his conviction and sentence. Plaintiff contends that the Georgia Department of Corrections Defendants complied with this request as retaliation for the litigation he pursued during his previous period of incarceration. Plaintiff contends that he was transferred to the custody of the Department of Corrections in October 2012 and was placed in a special management unit without benefit of a hearing. Plaintiff contends that his assignment in this unit placed an atypical and significant hardship on him in relation to the ordinary incidents of prison life. Plaintiff contends that the conditions of his confinement since he has been housed at Georgia State Prison have been deplorable. Plaintiff asserts that there is a Standard Operating Procedure in place which requires the barbershops in prisons to not use broken guards on the clippers, and Defendants have a de facto policy in place to ignore that Standard Operating Procedure. Plaintiff alleges that he was forcibly shaven with unsanitized clippers, and his requests for clean clippers were ignored. Plaintiff also alleges that he has numerous medical conditions for which he was previously treated, such as chest pains, back pain, knee pain, migraines, dizzy spells, carpal tunnel syndrome, and indigestion, but he has not been seen by medical for these conditions since his arrival at Georgia State Prison in April 2014. However, Plaintiff also alleges that he was sent to Augusta Medical State Prison after he arrived at Georgia State Prison. Plaintiff asserts that some of his teeth are sensitive and painful, and he has yet to see a dental care provider, though he was informed he would see a provider when an appointment is available. Plaintiff avers that he has been denied access to his preferred religious services, his mail, the grievance procedure, and access to the courts.

Plaintiff has not shown that he was in imminent danger of serious physical injury at the time he filed his Complaint on May 19, 2014, or at the time he filed his Amended Complaint on August 19, 2014. Plaintiff should not be considered to meet the exception to the three strikes rule. The undersigned's Order date June 10, 2014, (doc. no. 5), is vacated. Plaintiff's Motion to Proceed In Forma Pauperis is DENIED. Plaintiff's claims should be DISMISSED, without prejudice. If Plaintiff wishes to proceed with this action, he should be required to submit a complaint along with the full filing fee.

In addition, even if Plaintiff met the exception to § 1915(g), he cannot proceed with this cause of action. A plaintiff may not join unrelated claims and various defendants unless the claims "arise out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all defendants will arise in the action." FED. R. Civ. P. 20(a). Plaintiff has not shown how his various claims against the various Defendants from several penal institutions are related. Plaintiff's claims should be dismissed as a result.

Plaintiff has also filed Motions for a Preliminary Injunction or Temporary Restraining Order. As Plaintiff cannot proceed with this cause of action under § 1915(g), his Motions for Preliminary Injunction or Temporary Restraining Order, (doc. nos. 8, 10, and 11), should be DENIED.

SO ORDERED and REPORTED and RECOMMENDED.
FootNotes

1. The Eleventh Circuit has found that a dismissal for want of prosecution after a finding of frivolity constitutes a strike under § 1915(g). Allen v. Clark, 266 F. App'x 815 (11th Cir. 2008).
 
Last edited:

OMFG

The Portuguese Chop
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Plaintiff has also filed Motions for a Preliminary Injunction or Temporary Restraining Order. As Plaintiff cannot proceed with this cause of action under § 1915(g), his Motions for Preliminary Injunction or Temporary Restraining Order, (doc. nos. 8, 10, and 11), should be DENIED.

I wonder who the request for a Temporary Restraining Order was for (guards, Lottie, etc?)
 

Tripredacus

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Daker is incarcerated in the “Special Management Unit” of the Georgia Diagnostic and Classification Prison in Butts County.

Daker is incarcerated in the “Special Management Unit” of the Georgia Diagnostic and Classification Prison in Butts County.

That sounds like the worst prison.
 

SNKorSWM

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He'd have better luck getting released from North Korea than from Cobb County, GA. Big Boss Man can attest to it.
 

Psygnosis8

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So I don't know if it's a repeat, but my wife is watching Dateline NBC right now, and Waseem's case is the topic tonight.
 
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