Opinion
No. 3:05-cv-513.
December 2, 2005
MEMORANDUM AND ORDER
The court is in receipt of a pro se prisoner's civil rights complaint under 42 U.S.C. § 1983 and an application to proceed in forma pauperis. Pursuant to the Prison Litigation Reform Act, a prisoner cannot bring a new civil action or appeal a judgment in a civil action in forma pauperis if he or she has, three or more times in the past, while incarcerated, brought a civil action or appeal in federal court that was dismissed because it was frivolous, malicious, or failed to state a claim upon which relief may be granted. The only exception is if the prisoner is in "imminent danger of serious physical injury." 28 U.S.C. § 1915(g
While incarcerated, plaintiff has had at least three prior civil rights actions dismissed as frivolous or for failure to state a claim for relief. See Omawali Ashanti Shabazz, aka Fred E. Dean, v. Donal Campbell, Civil Action No. 3:99-cv-1118 (M.D. Tenn. December 8, 1999 (order dismissing case sua sponte pursuant to the three-dismissal rule).
Plaintiff does not allege that he is in "imminent danger of serious physical injury." Thus, in order to file this action, plaintiff must prepay the entire $250.00 filing fee. Leave to proceed in forma pauperis is DENIED. Plaintiff's complaint shall be filed for the purpose of making a record and for statistical purposes, and shall be DISMISSED WITHOUT PREJUDICE pursuant to the three-dismissal rule of 28 U.S.C. § 1915(g).