Thompson v. Wiley et al

Filing 4

ORDER AND OPINION denying 2 Affidavit and Authorization for withdrawal from Inmate Account filed by James Edward Thompson, IV; dismissing action without prejudice. Signed by Judge Thomas W. Thrash Jr. on 3/9/06. (dr)

Case 1:06-cv-00461-TWT

Document 4

Filed 03/09/2006

Page 1 of 3 THOMAS~~ CHA MBERS U. S Cr~R~S$ JF

MAR

9 2W6

IN THE UNITED STATES DI ST RICT C O UR T LUTHER °·T~~~~, c rk F OR THE NO RTHE RN DISTRI CT OF GEORGIA

ATLANT A DI VI SI ON

JAMES EDWARD THOMPSON, IV, Plaintiff,
V.

PRISONER CIVIL RIGHTS 42 U.S .C . § 1983 CIVIL ACTION NO . 1 :06-CV-461-TWT

PHIL WILEY ; ROBERT T CLINE ; PAIGE PARKER THOMPSON, Defendants .

ORDER AND OPINION Plaintiff has submitted the instant civil rights action and seeks leave to proceed without prepayment of the $250 .00 filing fee, other fees or security therefor, pursuant to 28 U .S .C . § 1915(a) . Plaintiff, however, is prohibited from doing so by Subsection (g) of 28 U .S .C . § 1915 .
According to Subsection (g) of 28 U.S.C. § 1915, a prisoner is prohibited

from bringing a civil action in federal court in forma nau -peris "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

AO 72A (Rev .8182)

Case 1:06-cv-00461-TWT

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relief may be granted, unless the prisoner is under imminent danger of serious
physical injury ."

The records of the Clerk of the Court indicate that Plaintiff has filed at least three complaints in this Court that were dismissed prior to service of process as
frivolous pursuant to 28 U .S .C . § 1915 .' Plaintiffs prior prisoner complaints before this Court that were dismissed as frivolous include the following :

Thom son v . State of Georgia, et al ., Civil Action No . L·05-CV-468-WBH; Thorn son v . Porter, et al ., Civil Action No . 1,:05-CV-1634-WBH ; Thompson v. Gwinnett Coun 1 :05-CV-193 .7-TWT . Furthermore, this Court finds no

indication that Plaintiff is "under imminent danger of serious physical injury ." Accordingly, leave for Plaintiff to proceed in forma Ua u~,,eris is hereby DEN I E D .
According to the Eleventh Circuit, "the proper procedure is for the district court to dismiss the complaint without prejudice when it denies the prisoner leave

to proceed in forma pauperis pursuant to the three strikes provision of § 1915(g) . The prisoner . . .must pay the fil ing fee at the time he initiates the suit." Dupr_ee v. Palmer, 284 F .3d 1234, 1236 (1 l th Cir . 202) . See also Simmons v . Z1och No .

' The Court notes that all ` of Plaintiff's previous cases involve similar allegations ar i sing from the same events as in the instant act i on . 2

AO 72A (Rev.8/82)

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04-16321, 2005 WL 2952352 at *2 (1 lth Cir . Nov. 7, 2005) (citing to D aree and affirming denial of in forma a~ u~eris motion and dismissing complaint pursuant to § 1 915(g) because there was no evidence that the plaintiff paid the filing fee at the time he initiated suit or that he was in imminent danger of serious physical injury) . IT IS TH E REFORE ORDERED that the instant action is hereby DI SMI SSED WITHOUT PREJUD ICE .

I T I S SO ORD ERE D this ~ day of , 2006.

THOMAS W. THRASH, JR . UNITED STATES DISTRICT JUDGE

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AO 72A (Rev. 8/82)