Opinion
Civil Action No. 17-2624 (UNA)
01-02-2018
CRAIG IVAN GILBERT, Petitioner, v. SCOTT S. HARRIS, et al., Respondents.
MEMORANDUM AND ORDER
This matter is before the Court on Craig Ivan Gilbert's application to proceed in forma pauperis and his pro se petition for a writ of mandamus. Unless a prisoner "is under imminent danger of serious physical injury," he may not proceed in forma pauperis if while incarcerated he has filed at least three prior cases that were dismissed as frivolous, malicious, or for failure to state a claim: 28 U.S.C. § 1915(g); see Ibrahim v. District of Columbia, 463 F.3d 3, 6 (D.C. Cir. 2006). This petitioner has accumulated at least three strikes, see Gilbert v. Obama, Misc. No. 14-2096 (D.D.C. filed June 8, 2015), and does not demonstrate that he "is under imminent danger of serious physical injury," for purposes of 28 U.S.C. § 1915(g).
Accordingly, it is hereby
ORDERED that, pursuant to 28 U.S.C. § 1915(g), the petitioner's application to proceed in forma pauperis [2] is DENIED. It is
FURTHER ORDERED that the mandamus petition and this civil action are DISMISSED WITHOUT PREJUDICE.
This is a final appealable Order.
SO ORDERED. DATE: January 2, 2018
/s/_________
United States District Judge