Opinion
Civil Action No. 11-CV-13271
08-11-2011
IVAN RAY BLACK, Plaintiff, v. EDWARD SOSNICK, Defendant.
HON.
OPINION AND ORDER OF SUMMARY DISMISSAL
This is a purported civil rights case in which Plaintiff Ivan Ray Black, a state prisoner proceeding pro se and in forma pauperis, alleges that he is "being stolen from." The Court summarily dismisses the Complaint, however, because Plaintiff has "struck out" pursuant to 28 U.S.C. § 1915(g), which precludes prisoners - unless they face an imminent danger of serious physical injury - from proceeding in forma pauperis if they have had three prior cases dismissed as frivolous, malicious, or for failure to state a claim upon which relief may be granted. Plaintiff here has three such prior dismissals. See Black v. Corr. Officers, No. 10-CV-13368 (E.D. Mich. Sept. 9, 2010) (dismissal for failure to state a claim on which relief may be granted); Black v. Mich. Dep't of Corr., No. 10-CV-12664 (E.D. Mich. July 15, 2010) (same); Black v. State of Mich., No. 10-CV-11483 (E.D. Mich. June 11, 2010) (complaint dismissed as "completely incomprehensible"). Because Plaintiff does not appear to allege that he faces imminent danger, or any danger for that matter, § 1915(g) precludes this lawsuit.
Accordingly, the case is dismissed.
The Court would ordinarily dismiss this case without prejudice; however, because Plaintiff seeks monetary relief solely against a defendant who is a state court judge and therefore immune from such relief, see Pierson v. Ray, 386 U.S. 547 (1967), the Court dismisses the case with prejudice.
SO ORDERED.
Dated: August 11, 2011
Detroit, Michigan
HON. BERNARD A. FRIEDMAN
UNITED STATES DISTRICT JUDGE