From Casetext: Smarter Legal Research

Wilson v. California D. of Cors. Rehabilitation

United States District Court, E.D. California
May 30, 2008
No. CIV S-08-0929 JAM KJM P (E.D. Cal. May. 30, 2008)

Opinion

No. CIV S-08-0929 JAM KJM P.

May 30, 2008


ORDER


Plaintiff is a California prisoner proceeding pro se with an action for violation of civil rights under 42 U.S.C. § 1983. Plaintiff seeks leave to proceed in forma pauperis but he is precluded from doing so because on three prior occasions he has had actions dismissed as frivolous, malicious or for failure to state a claim upon which relief can be granted. See 28 U.S.C. § 1915(g). Therefore, the court will deny plaintiff's request for leave to proceed in forma pauperis and direct plaintiff to pay the filing fee for this action. If plaintiff fails to pay the filing fee within thirty days, this action will be dismissed.

The "three strikes" provision of the Prison Litigation Reform Act does not bar a plaintiff from proceeding in forma pauperis in a civil rights action if he is in imminent danger of serious physical harm. 28 U.S.C. § 1915(g). "The statute contemplates that the `imminent danger' will exist contemporaneously with the bringing of the action." Abdul-Akbar v. McKelvie, 239 F.3d 307, 313 (3d Cir.), cert. denied, 533 U.S. 953 (2001). "Imminent" means "about to occur at any moment or impending." Id. at 315;see also Oxford English Dictionary, available at http://dictionary.oed.com ("close at hand in its incidence; coming on shortly"). Nothing in plaintiff's complaint suggests he is in imminent danger of serious physical harm.

Accordingly, IT IS HEREBY ORDERED that;

1. Plaintiff's request for leave to proceed in forma pauperis is denied; and

2. Plaintiff shall pay the $350.00 filing fee within thirty days.


Summaries of

Wilson v. California D. of Cors. Rehabilitation

United States District Court, E.D. California
May 30, 2008
No. CIV S-08-0929 JAM KJM P (E.D. Cal. May. 30, 2008)
Case details for

Wilson v. California D. of Cors. Rehabilitation

Case Details

Full title:DAVID W. WILSON, Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND…

Court:United States District Court, E.D. California

Date published: May 30, 2008

Citations

No. CIV S-08-0929 JAM KJM P (E.D. Cal. May. 30, 2008)