Aloba v. Bureau of Prisons

Filing 9

MEMORANDUM OPINION: The Court OVERRULES Plaintiff's objections; ADOPTS the Report and ACCEPTS the Recommendation, as more fully set out therein. Signed by Judge Liles C Burke on 5/22/2023. (AHI)

FILED
2023 May-22 AM 09:44
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
ORIYOMI ALOBA,
Plaintiff,
v.
BUREAU OF PRISONS,
Defendant.

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Case No. 1:23-cv-00255-LCB-SGC

MEMORANDUM OPINION
The magistrate judge entered a report on April 13, 2023, recommending the
dismissal of this action without prejudice under the so-called “three strikes”
provision of 28 U.S.C. § 1915(g). (Doc. 4). Following receipt of a notice of change
of address, the Clerk of Court sent a copy of the report and recommendation to the
plaintiff’s new address on April 26, 2023. (Doc. 6). The plaintiff has objected.
(Doc. 8).
The plaintiff’s objections contend the three-strikes provision is an
unconstitutional barrier to his right to access the courts. (Doc. 8). The court notes
the three-strikes rule does not bar access to the courts; instead, it requires prisoners
with a history of frivolous litigation to pre-pay filing and administrative fees unless
they allege imminent danger of serious physical injury.

Here, the plaintiff’s

complaint seeks records under the Freedom of Information Act. (Doc. 1 at 1-2; see

Doc. 8 at 2). Accordingly, the plaintiff’s complaint is subject to § 1915(g). In any
event, the court declines the plaintiff’s invitation to declare the three-strikes
provision unconstitutional. The plaintiff’s objections are OVERRULED. (Doc. 8).
After careful consideration of the record in this case and the magistrate judge’s
report, the court ADOPTS the report and ACCEPTS the recommendation.
Consistent with that recommendation, all claims presented in this matter are due to
be dismissed without prejudice under the three-strikes provision of 28 U.S.C. §
1915(g).
A final judgment will be entered.
DONE and ORDERED May 22, 2023.

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LILES C. BURKE
UNITED STATES DISTRICT JUDGE

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