Opinion
Case No. 12-cv-854-GPM
09-11-2012
BURL WASHINGTON, #34793-044 Plaintiff, v. MARGARET HODGES, et al., Defendants.
MEMORANDUM AND ORDER
MURPHY, District Judge:
Plaintiff, currently incarcerated at McCreary United States Penitentiary, has brought this pro se civil rights action pursuant to 42 U.S.C. § 1983. He also seeks to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.
A prisoner may not bring a civil action or appeal a civil judgment 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).
Plaintiff has had three or more prior prisoner actions dismissed on the grounds that they were frivolous, malicious, or failed to state a claim upon which relief may be granted. See, e.g., Washington v. Stacy, et al., Case No. 4:07-cv-1523-DJS; Washington v. State of Missouri, Case No. 4:07-cv-1370 FRB; Washinton v. White, et al., Case No. 4:08-cv-28-CAS. Further, the allegations in the instant complaint do not show that Plaintiff is under imminent danger of serious physical injury.
Accordingly, the motion for leave to proceed in forma pauperis is DENIED. This action is DISMISSED without prejudice to Plaintiff bringing these claims in a fully pre-paid complaint.
The Clerk shall CLOSE THIS CASE.
IT IS SO ORDERED.
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G. PATRICK MURPHY
United States District Judge