Opinion
No.: 3:16-CV-320-PLR-HBG
06-22-2016
INMATES OF BLOUNT COUNTY JAIL and RUDOLPH M. BROOKS, Plaintiffs, v. BLOUNT COUNTY, JAMES BERRONG, and C/O DALMEN, Defendants.
MEMORANDUM and ORDER
The Court is in receipt of a pro se prisoner's civil rights complaint under 42 U.S.C. § 1983 [Doc. 2] and a motion for leave to proceed in forma pauperis [Doc. 1]. Section 1915(g) of the Prison Litigation Reform Act of 1996 (PLRA) provides as follows:
While Plaintiff states in his complaint that he is filing a habeas corpus action, among other things, it is apparent from the substance of the complaint that Plaintiff seeks relief under § 1983 for alleged violations of constitutional rights, rather than habeas corpus relief. --------
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 . . . 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).
Before he filed his complaint in this case, Plaintiff had filed, while incarcerated, at least five civil actions which were dismissed for failure to state a claim. See (1) Brooks v. State of Tennessee, Civil Action No. 3:12-CV-640 (E.D. Tenn. Jan. 10, 2013) (Docs. 3 and 4, orders dismissing case as frivolous and for failure to state a claim upon which relief may be granted); (2) Brooks v. Blount County, Civil Action No. 3:12-CV-40 (E.D. Tenn. Oct. 17, 2012) (Docs. 7 and 8, orders dismissing case as frivolous and for failure to state a claim upon which relief may be granted) (3) Brooks v. Blount County, Civil Action No. 3:11-CV-363 (E.D. Tenn. Nov. 15, 2011) (Docs. 6 and 7, orders dismissing case as frivolous and for failure to state a claim upon which relief may be granted); (4) Brooks v. Sundquist, et al., Civil Action No. 2:98-CV-254 (E.D. Tenn. April 27, 1999) (Docs. 5 and 6, orders dismissing case for failure to state a claim upon which relief may be granted); and (5) Brooks v. State of Tennessee, et al., Civil Action No. 3:97-CV-915 (E.D. Tenn. June 25, 2015) (Docs. 5 and 6, memorandum and orders dismissing case for failure to state a claim upon which relief may be granted).
Plaintiff's complaint does not allege that he is any imminent danger of physical injury. Therefore, in order to file this action, Plaintiff must prepay the entire $400.00 filing fee. Accordingly, this action is DISMISSED without prejudice to Plaintiff upon payment of the full filing fee of $400.00.
ENTER:
/s/ _________
UNITED STATES DISTRICT JUDGE