Opinion
Civil Action 3:23-cv-09-HEH
03-08-2023
MICAH ANDERSON, Plaintiff, v. HIROSHI YAMAUCII, Defendant.
MEMORANDUM OPINION (DISMISSING CIVIL ACTION)
Henry E. Hudson Senior United States District Judge
Micah Anderson (“Anderson”), an Illinois inmate proceeding pro se, submitted this civil action and applied to proceed in forma pauperis. (ECF Nos. 1, 2,4.) The pertinent statute provides:
In no event shall a prisoner bring a civil action [in forma pauperis] 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). Anderson has at least three prior actions that were dismissed as frivolous or for failure to state a claim. See, e.g, Anderson v. Ishrak, No. 22-CV-0426 (WMW/ECW), 2022 WL 3348175, at *1 (D. Minn. Aug. 12, 2022); Anderson v. PNC Fin. Servs. Grp., Inc., No. CV 22-425,2022 WL 3273268, at *2-3 (W.D. Pa. Aug. 11, 2022); Anderson v. Snap, Inc., No. 22-CV-0256-GPC-DEB, 2022 WL 2759089, at *1 (S.D. Cal. July 14, 2022); Anderson v. Exxon Mobile, No. 3:21-CV-1637-X-BN, 2021 WL 3639750, at *3 (N.D. Tex. July 16, 2021), report and recommendation adopted, No. 3:21-CV-1637-X, 2021 WL 3633879 (N.D. Tex. Aug. 17, 2021). Anderson's current complaint does not demonstrate that he is in imminent danger of serious physical harm. Accordingly, his request to proceed in forma pauperis will be denied and the action will be dismissed without prejudice. If Anderson wishes to bring this action, he may file a new complaint accompanied by the full $402.00 11 ling fee.
An appropriate Order shall issue.