Opinion
Case No. 08-13247.
July 31, 2008
OPINION AND ORDER
Plaintiff Nathan Wilson, a state prisoner, currently confined at Kinross Correctional Facility in Kincheloe, Michigan, has filed a pro se civil rights complaint pursuant to 18 U.S.C. § 242. However, Plaintiff has neither filed an application to proceed in forma pauperis nor has he paid the $350.00 filing fee. Additionally, upon review of the court's records, it appears that Plaintiff has "three strikes" within the meaning of 28 U.S.C. § 1915(g); Plaintiff has filed six civil rights cases, which have been dismissed for being frivolous, malicious, or for failing to state a claim upon which relief can be granted. See Wilson v. C/O Daniels, No. 08-12802 (E.D. Mich. July 16, 2008) (failure to state a claim); Wilson v. C. Caldwell, No. 06-00142 (W.D. Mich. June 6, 2006) (failure to state a claim); Wilson v. Unknown Pelton, No. 06-00239 (W.D. Mich. May 24, 2006) (three strikes rule); Wilson v. William Overton, No. 05-00082 (W.D. Mich. Sept. 7, 2005) (failure to state a claim); Wilson v. Ruo McCallough, No. 05-40027 (E.D. Mich. April 20, 2005) (failure to state a claim); Wilson v. Klein, No. 02-00936 (W.D. Mich. Jan. 7, 2003) (failure to state a claim).
As a result of Plaintiff's previous filings, his case falls under the provisions of 28 U.S.C. § 1915(g), which states in pertinent part.
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 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).
On the basis of the above, the Court orders Plaintiff, within thirty (30) days of this order to: (1) pay the entire civil action filing fee, which is $350.00, or, (2) if he wishes to proceed in forma pauperis, to file an application to proceed in forma pauperis and show cause, in writing, why his in forma pauperis status should not be denied under 28 U.S.C. § 1915(g). If Plaintiff pays his filing fee, the Court will then screen the complaint as required by 28 U.S.C. § 1915A and 42 U.S.C. § 1997e(c). If Plaintiff fails to pay the filing fee or fails to file an in forma pauperis application, within the thirty-day period, his case will be dismissed without prejudice. Also, the Court notes that § 1915(g) excepts from this rule cases in which a plaintiff is "under imminent danger of serious physical injury." See Wallace v. Franklin, 66 Fed. Appx. 546, 547, (6th Cir. 2003); Chance v. Tennessee, 47 Fed. Appx. 762, 763 (6th Cir. 2002).