Opinion
Case No. 3:21-cv-00024-SLG
03-03-2021
BEN DAVIS, Plaintiff, v. BRANDON JONES, Defendant.
ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS
On February 5, 2021, Ben Davis, a self-represented prisoner, filed a Prisoner's Complaint Under the Civil Rights Act 42 U.S.C. § 1983, a civil cover sheet, and an Application to Proceed in District Court Without Prepaying Fees or Costs.
Dockets 1-3.
In order to properly commence a civil action, a litigant must file either the filing fee of $402.00 or an application to waive prepayment of the filing fee. However, 28 U.S.C. § 1915(g) provides that a self-represented prisoner cannot bring a civil action in forma pauperis (receive a waiver of prepayment of fees or costs), if "on three or more prior occasions, while incarcerated" the prisoner brought actions that were dismissed as "frivolous, malicious, or fail[ed] to state a claim upon which relief may be granted[.]" Congress maintains an exception allowing a prisoner to file in forma pauperis if under "imminent danger of serious physical injury."
Local Civil Rule 3.1(c).
Id.
At Docket 3, Mr. Davis has filed an Application to Procced in District Court Without Prepaying Fees or Costs. Mr. Davis has received three strikes from prior dismissed actions filed while he has been incarcerated. The Court has reviewed the Complaint and found that Mr. Davis has not alleged sufficient facts to meet the required imminent danger exception. Accordingly, Mr. Davis may not proceed in this action in forma pauperis.
Davis v. Luper, Case No. 3:20-cv-00141-SLG, Docket 4 (Order of Dismissal & Notice of Third Strike); see also prior dismissals in Davis v. State of Alaska, et al., Case Nos. 3:17-cv-00263-TMB, Dockets 8 & 9 and Davis v. State of Alaska Public Defender Agency, et al., 3:18-cv-00157-SLG, Dockets 6 & 7.
THEREFORE, IT IS ORDERED, the Application to Procced in District Court Without Prepaying Fees or Costs at Docket 3 is DENIED. IT IS FURTHER ORDERED as follows: Mr. Davis has 30 days from the date of this Order to pay the $402.00 filing fee. If Mr. Davis does not pay the filing fee within 30 days, this action will be dismissed without further notice to him.
If Mr. Davis pays the filing fee, his Complaint will still be subject to screening under 28 U.S.C. §§ 1915(e)(2)(B), 1915A, which requires a Court to perform pre-litigation screening of prisoner complaints to determine if the action is frivolous, fails to state a claim, or seeks relief from a defendant who is immune from suit. If the action is dismissed upon screening, Mr. Davis will not be entitled to a refund of the fee. --------
DATED this 3rd day of March, 2021 at Anchorage, Alaska.
/s/ Sharon L . Gleason
UNITED STATES DISTRICT JUDGE