Opinion
3:23-cv-00101-JMK
01-05-2024
BRION BROWN, Plaintiff, v. ALASKA PAROLE BOARD and DEPARTMENT OF CORRECTIONS, Defendants.
ORDER OF DISMISSAL & NOTICE OF STRIKE
JOSHUA M. KINDRED UNITED STATES DISTRICT JUDGE
Self-represented prisoner Brion Brown (“Plaintiff”) filed a civil rights complaint against the Alaska Parole Board and the Department of Corrections (“DOC”) and Superintendent James Milburn. The Court screened the Complaint, found it deficient, and found amendment would be futile. On November 7, 2023, the Court issued a Notice of Intent to Dismiss, which provided Plaintiff with 30 days to voluntarily withdraw this case to avoid receiving a strike under § 1915(g). To date, Plaintiff has not responded.
Docket 1.
Docket 7.
The Prison Litigation Reform Act requires that self-represented prisoners receive a “strike” if the case is dismissed “as frivolous or malicious or for failure to state a claim upon which relief may be granted.” 28 U.S.C. § 1915(g). Whereas a voluntary dismissal does not count as a “strike” under 28 U.S.C. § 1915(g).
IT IS THEREFORE ORDERED:
1. This action is DISMISSED for failure to state a claim upon which relief could be granted. 2. This dismissal counts as a “strike” against Plaintiff under 28 U.S.C. § 1915(g). 2 3. Prisoners who receive three or more strikes cannot bring any other actions without prepaying the full filing fee unless the prisoner can demonstrate that he is in imminent danger of serious physical injury. 4. All pending motions are DENIED AS MOOT. 5. The Clerk of Court shall issue a final judgment.