Opinion
NO. 5:12-cv-376 (MTT)
11-01-2012
TONY D. THOMPSON, Plaintiff v. MEDICAL COLLEGE OF GEORGIA, et al., Defendants
ORDER
Pro se Plaintiff TONY D. THOMPSON, GDC # 964768, has filed a motion to proceed in forma pauperis on appeal (Doc. 16) from the Court's October 3, 2012 Order (Doc. 11) dismissing Plaintiff's complaint without prejudice pursuant to 28 U.S.C. § 1915(g). The Order of dismissal was based upon Plaintiff's having more than three prisoner actions dismissed as frivolous by federal courts and his failing to allege that he was in imminent danger of serious physical injury as a result of medical care at Georgia Diagnostic and Classification Prison ("GD&CP").
See Thompson v. Georgia Medical College, et al., 6:03-cv-67-BAE-JEG (S.D. Ga. Sept. 17, 2003) (complaint and appeal); Thompson v. Smith, 6:03-cv-61-BAE-JEG (S.D. Ga. July 9, 2003) (complaint); and Thompson v. D'Alesandro, Jr., et al., 4:00-cv-232-WTM (S.D. Ga. Nov. 7, 2000) (complaint and appeal).
Plaintiff stated in a letter to the Court (Doc. 7) that he was transferred from GD&CP on September 16, 2012, which is date of Plaintiff's complaint. Although the transfer may suggest that Plaintiff was not in imminent when he filed his complaint, the Court did not rely upon this fact in reaching its decision.
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In the Court's best judgment, an appeal from the aforesaid Order cannot be taken in good faith. 28 U.S.C. § 1915(a)(3). As discussed in the Order, the facts alleged in Plaintiff's complaint do not support a finding of imminent danger. Thus, there is no basis for allowing Plaintiff to proceed in forma pauperis on appeal in this case.
Having been carefully considered, Plaintiff's motion to proceed in forma pauperis on appeal is hereby DENIED. If Plaintiff wishes to proceed with his appeal, he must prepay the entire $455 appellate filing fee.
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MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT