Opinion
1:21CV96-RP
07-07-2021
ANDREW JAMISON PLAINTIFF v. WINSTON CHOCTAW COUNTY REGIONAL CORRECTIONAL FACILITY, ET AL. DEFENDANTS
ORDER REVOKING PLAINTIFF'S IN FORMA PAUPERIS STATUS FOR ACCUMULATING THREE “STRIKES” -AND REQUIRING PAYMENT OF THE FULL FILING FEE WITHIN 21 DAYS OF THE DATE OF THIS ORDER
ROY PERCY, UNITED STATES MAGISTRATE JUDGE
The court takes up, sua sponte, revocation of the plaintiff's in forma pauperis status because he has violated the “three strikes” provision of the Prison Litigation Reform Act (“PLRA”). See 28 U.S.C. § 1915(g). The pro se prisoner plaintiff, an inmate in the custody of the Mississippi Department of Corrections, has submitted a complaint challenging the conditions of his confinement under 42 U.S.C. § 1983.
Section 1915(g) 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.
The plaintiff has accumulated “strikes” under 28 U.S.C. § 1915(g) in the following cases: Jamison v. Hood, et al., 4:07CV39-WAP-SAA (final judgment of March 28, 2007); Jamison v. State of Mississippi, 4:08CV137-WAP-DAS (final judgment of February 19, 2009); and Jamison v. State of Mississippi, 3:13CV161-SA-JMV (order of dismissal of February 27, 2014).
The plaintiff has accumulated at least three “strikes” and has thus abused his in forma pauperis privileges, and those privileges are REVOKED.
As such, it is ORDERED that the plaintiff must pay the filing fee within 21 days of the date of this order. If the plaintiff fails to pay the filing fee within 21 days, then the Clerk of the Court is DIRECTED to dismiss this case without further action by the court.
SO ORDERED.