Opinion
Civil Action No. 16-998 (UNA)
06-13-2016
DAVID L. SMITH, Plaintiff, v. U.S. JUDGE TERRENCE W. BOYLE, et al., Defendants.
MEMORANDUM OPINION
This matter is before the Court on plaintiff's application to proceed in forma pauperis. For the reasons discussed below, the application will be denied.
Generally, a plaintiff is required to pay a filing fee in full. See 28 U.S.C. §§ 1914(a), 1915(b)(1). Pursuant to the Prison Litigation Reform Act ("PLRA"), "[a] prisoner who qualifies for [in forma pauperis] status . . . need not pay the full filing fee at the time he brings suit," and instead he is allowed to "pay the filing fee in installments over time." Asemani v. U.S. Citizenship & Immigration Servs., 797 F.3d 1069, 1072 (D.C. Cir. 2015) (citations omitted). However, certain prisoners cannot qualify for in forma pauperis status under the PLRA's "three strikes" rule:
In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under this section if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States 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.Id. (quoting 28 U.S.C. § 1915(g)); see 28 U.S.C. §§ 1915(e)(2)(B), 1915A(b). This plaintiff has accumulated more than three strikes. See Smith v. State of North Carolina, No. 5:06-CT-3010 (W.D.N.C. Mar. 20, 2006) (citing cases); see also Faison v. North Carolina, No. 5:13-CT-3199 (W.D.N.C. Dec. 3, 2013) (adopting Magistrate Judge Report and Recommendation to dismiss David Lee Smith as a party plaintiff under 28 U.S.C. § 1915(g)).
Under these circumstances, the plaintiff may proceed in forma pauperis only if he is "under imminent danger of serious physical injury." 28 U.S.C. § 1915(g). He fails to allege facts showing that he is under imminent danger of serious physical injury and, therefore, his application to proceed in forma pauperis must be denied.
An Order is issued separately. DATE: 6/13/16
/s/_________
United States District Judge