Opinion
No. 4:05CV258-P-D.
December 7, 2005
This matter is before the court, sua sponte, for consideration of dismissal. Plaintiff, an inmate at the Mississippi State Penitentiary at Parchman, has submitted an application to proceed in forma pauperis and a pro se complaint pursuant to 42 U.S.C. § 1983 in which he alleges that his constitutional rights were violated in a disciplinary proceeding. He seeks monetary damages and injunctive relief.
The Prison Litigation Reform Act was enacted in April 1996. This Act provides, inter alia, at 28 U.S.C. § 1915(g)
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.
In case 4:03CV228-P-A, Pickens v. Minton, et al, this court dismissed the complaint for failure to state a claim upon which relief could be granted. He appealed the dismissal to the United States Court of Appeals for the Fifth Circuit, which dismissed the appeal as frivolous. Case number 2:00CV243-P-G, Pickens v. Eubanks, et al, was dismissed by the Federal District Court for the Southern District of Mississippi for failure to state a claim upon which relief could be granted. Therefore, Pickens has accumulated three strikes under the grounds specified above and is not eligible to bring pro se in forma pauperis complaints in federal court. Accordingly, it is hereby
ORDERED:
1) the motion to proceed in forma pauperis is denied;
2) pursuant to 28 U.S.C. § 1915(g), the plaintiff is barred from filing any future pro se in forma pauperis complaints without permission of one of the judges of the court; and
3) this matter is closed.