Opinion
Case: 1:16-mc-00435
02-25-2016
JUSTIN CREDICO, Plaintiff, v. MAJOR ASHDEN FEIN, et al., Defendants.
Assigned to: Unassigned
Assign. Date: 3/2/2016
Description: Miscellaneous MEMORANDUM OPINION AND ORDER
This matter is before the Court on the plaintiff's motion to proceed in forma pauperis. For the reasons discussed below, the motion will be denied.
Generally, a prisoner plaintiff is required to pay a filing fee in full. See 28 U.S.C. §§ 1914(a), 1915(b)(1). Pursuant to the Prison Litigation Reform Act ("PLRA"), "[a] prisoner who qualifies for [in forma pauperis] status . . . need not pay the full filing fee at the time he brings suit," and instead he is allowed to "pay the filing fee in installments over time." Asemani v. U.S. Citizenship & Immigration Servs., 797 F.3d 1069, 1072 (D.C. Cir. 2015) (citations omitted). However, certain prisoners cannot qualify for in forma pauperis status under the PLRA's "three strikes" rule:
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. (quoting 28 U.S.C. § 1915(g)); see 28 U.S.C. §§ 1915(e)(2)(B), 1915A(b). This plaintiff has accumulated more than three strikes. See Credico v. Guthrie, 570 F. App'x 169 (3d Cir. 2014) (per curiam) (affirming dismissal of complaint under 28 U.S.C. § 1915(e)(2) for failure to state a claim upon which relief can be granted), cert. denied, 135 S. Ct. 758 (2014); Credico v. CEO Idaho Nat'l Lab., 461 F. App'x 78 (3d Cir. 2012) (per curiam) (dismissing appeal as frivolous); Credico v. Facebook, Inc., No. 14-881, 2014 WL 988470 (E.D. Pa. Mar. 12, 2014) (dismissing complaint under § 1915(e)(2)(B)(ii) for failure to state a claim), appeal dismissed, No. 14-1677 (3d Cir. June 9, 2015); Credico v. Fein, No. 13-4523, 2013 WL 5738032 (E.D. Pa. Oct. 22, 2013) (dismissing complaint as frivolous under § 1915(e)(2)(B)(i)); Credico v. Unknown Employee of the Houston FBI Forfeiture Unit, No. 13-4117, 2013 WL 3863883 (E.D. Pa. July 24, 2013) (dismissing complaint under 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim), aff'd, 567 F. App'x 83 (3d Cir. 2014) (per curiam) (dismissing appeal as frivolous), cert. denied, 135 S. Ct. 688 (2014).
Under these circumstances, the plaintiff may proceed in forma pauperis only if he is "under imminent danger of serious physical injury." 28 U.S.C. § 1915(g). He fails to allege facts showing that he is under imminent danger of serious physical injury and, therefore, his application to proceed in forma pauperis must be denied.
It is hereby
ORDERED that the plaintiff's application to proceed in forma pauperis is DENIED under 28 U.S.C. § 1916(g). It is further
ORDERED that this miscellaneous action is DISMISSED.
SO ORDERED.
/s/_________
United States District Judge DATE: 2/25/16