Opinion
No. C 03-068 TEH (pr).
March 6, 2003
ORDER OF DISMISSAL
This civil rights action under 42 U.S.C. § 1983 was filed by James E. Nobles, an inmate at a correctional facility in Wells, Texas. Nobles also filed an in forma pauperis application.
A prisoner may not bring a civil action in forma pauperis under 28 U.S.C. § 1915 "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). Nobles has had 3 or more prior prisoner actions dismissed by this court on the grounds that they were frivolous, malicious, or failed to state a claim upon which relief may be granted. See, e.g., Nobles v. McGeffen, No. C 95-2662 TEH (N.D. Cal. Aug. 8, 1995) (order of dismissal); Nobles v. Folsom State Prison, No. C 95-2032 THE (N.D. Cal. Aug. 8, 1995) (same); Nobles v. McGoffey, No. C 95-0311 (N.D. Cal. Mar. 8, 1995) (same); Nobles v. Rios, No. C 95-0008 TEH (N.D. Cal. Jan. 18, 1995) (same). Because Nobles has had at least three prior dismissals and is not under imminent danger of serious physical injury, his request to proceed in forma pauperis is DENIED and this action is DISMISSED. This dismissal is without prejudice to Nobles making the same allegations in a complaint for which he pays the full $150.00 filing fee at the time of filing the complaint. The Clerk shall close the file.
IT IS SO ORDERED.
JUDGMENT
This action is dismissed without prejudice to plaintiff making the same allegations in a complaint for which he pays the filing fee at the time of filing the complaint.
IT IS SO ORDERED AND ADJUDGED.