Opinion
Cause No. 3:05-CV-296 RM.
May 19, 2005
OPINION AND ORDER
Zolo Agona Azania, a pro se prisoner, submitted a complaint and a petition for leave to proceed in forma pauperis. A prisoner may not bring a civil action in forma pauperis if he has "on three 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 was 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). This is commonly known as the "three strikes" provision.
The Seventh Circuit long ago determined that Mr. Azania had accumulated three strikes.
We further note that this appeal counts as a strike under 28 U.S.C. § 1915(g). Since Azania has accumulated two previous "strikes" under that section, see Azania v. Bayh, 139 F.3d 901, 1998 WL 90877, **3 n. 1 (7th Cir. 1998) (unpublished order), he will be barred from filing future actions without paying the full costs of suit unless he is "under imminent danger of serious physical injury." 28 U.S.C. § 1915(g). Azania v. Moore, No. 96-4198, 1998 U.S. App. LEXIS 30460 (7th Cir. November 25, 1998).
An inmate with three or more "strikes" "can use the partial prepayment option in § 1915(b) only if in the future he `is under imminent danger of serious physical injury.'" Abdul-Wadood v. Nathan, 91 F.3d 1023, 1025 (7th Cir. 1996). Mr. Azania's monetary damages claims concerning the conditions at a prison other than where he is currently housed do not support a claim that he is in imminent danger of serious physical injury. Therefore 28 U.S.C. § 1915(g) mandates that this complaint may not proceed without prepayment of the filing fee. Mr. Azania may still proceed with this case, but to do so he must pay the full amount of the filing fee.
For the foregoing reasons, the court:
(1) DENIES the plaintiff leave to proceed in forma pauperis (docket # 1);
(2) GRANTS the plaintiff to and including June 10, 2005, within which to pay the $250.00 filing fee; and
(3) ADVISES him that if he does not pay the filing fee by that date, this case will be dismissed without further notice without affecting his obligation to pay the filing fee.
SO ORDERED.