Opinion
Case No. 2:04-CV-465 TS.
July 16, 2004
ORDER
Plaintiff, Roy Robertson, an inmate at Duchesne County Jail, filed a pro se civil rights complaint and applied to proceedin forma pauperis. See 42 U.S.C. § 1983 (West Supp. 2003); 28id. 1915.
This Court will not let an inmate proceed in forma pauperis under 29 U.S.C. § 1915 if the inmate has, at three or more prior times while incarcerated, brought an action that was dismissed as "frivolous or malicious or fail[ing] to state a claim upon which relief may be granted." 28 id. § 1915(g). The only exception is if the inmate can show that he or she is "under imminent danger of serious physical injury." Id.
Plaintiff has filed several previous civil actions with the federal courts, several of which have been dismissed as frivolous or failing to state a claim. See, e.g., Robertson v. Price City Police Dep't, No. 2:02-CV-546 (D. Utah March 27, 2003) (unpublished); Robertson v. Leary, No. 2:00-CV-668 (D. Utah Sept. 27, 2002) (unpublished); Robertson v. Dep't of Corr., No. 2:98-CV-197 (D. Utah March 24, 1999) (unpublished). Plaintiff therefore may not maintain this action without paying the filing fee unless he can show an imminent danger of serious physical injury under § 1915(g). See 28 U.S.C.A. § 1915(g) (West Supp. 2003). He has made no such allegation or showing.
IT IS THEREFORE ORDERED that this complaint be dismissed under 28 U.S.C. § 1915(g) with no further notice to Plaintiff unless he pays the full $150.00 filing fee within thirty days from the date of this Order.