Riches et al v. Vick et al

Filing 2

ORDER DISMISSING the instant action WITHOUT PREJUDICE pursuant to 28 USC 1915(g). Signed by Judge Willis B. Hunt Jr. on 08/16/07. (aaq)

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Case 1:07-cv-01858-WBH Document 2 Filed 08/16/2007 Page 1 of 3 IN T H E UNITED STATES DI ST RICT COURT F O R THE NORTHERN DISTRI CT O F GEORG IA JONATHAN LEE RICHES, Plaintiff, V. U .S . D .C IN Ut 16ATLANTADIVISION ,'t a AUG PRISONER CIVIL RIC 42 U.S .C . 1983 CIVIL ACTION NO . 1 :07-CV-1858-WBH ORDER MICHAEL VICK, et al ., Defendants . Plaintiff, Jonathan Lee Riches, who also styles himself as " d/b/a , The Nostradamus of Commerce," is presently an inmate at Card Czar Williamsburg Federal Correctional Institution ("FCI-Williamsburg") in Salters, $outh Carolina . This is not the first federal complaint that Plaintiff has filed . of the federal courts, P l aintiff has filed fifteen federal lawsuits in federal courts . The Defendants in these actions have included X, Vanna White, Jimmy Hoffa, Google .com, Pope Benedict, XVI, National Socialist Party, Green Bay's Lambeau Field, the Ming of Liberty, Michelangelo, the Hubble Telescope, the Magna Carta, to the records irteen different Bush, Malcom ,dolph Hitler's sty, the Statue tnami Victims , Meals on Wheels, Plato, Christopher Reeves' Widow, the Tenth Edition of the Merriam Webster Dictionary, the Appalachian Trail, and Tony Plaintiff has learly another been the subject of various media reports, and his litigious behavior effort at self-promotion . AO 72A ( Rev. 8/82) Case 1:07-cv-01858-WBH Document 2 Filed 08/16/2007 Page 2 of 3 According to 28 U .S .C . 1915(g), a prisoner is prohibited action in federal court in forma a~ u l2 eris "if the prisoner has, on bringing a civil or more prior occasions, while incarcerated or detained in any facility, brought an fiction or appeal in a court of the United States that was dismissed on the grounds malicious, or fails to state a claim upon which relief may be prisoner is under imminent danger of serious physical injury ." The aforementioned records of the federal courts indicate Plaintiff's prior suits were dismissed prior to service of process as t least three of pursuant it is frivolous, unless the to 28 U.S.C. 1915 . See Riches v . Guantanamo Bay, Case No . 2 :07- ~ V-13041-VAR (E .D . Mich ., Order of Aug. 8, 2007) ; Ri 6 :06-CV-00194-MBS (D .S .C ., Order of Mar . 17, 2006) ; Ri 1 :07-CV-20042-FAM (S .D . Fla., Order of Jan. 24, 2007) . Additi finds that none of Plaintiff's farcical assertions in the complaint, i that Michael Vick threw snowballs at his car, qualify as a claim of of serious physical injury . According to the Eleventh Circuit , "the proper procedure is for district court oner leave to 1915(g) . The as, Case No. )oe, Case No . l y, this Court ding his claim ninent danger to dismiss the complaint without prejudice when it denies the proceed in forma au eris pursuant to the three strikes provision o 2 AO 72 A (Rev.8/82) Case 1:07-cv-01858-WBH Document 2 Filed 08/16/2007 Page 3 of 3 prisoner . . .must pay the filing fee at the time he initiates the suit ." 284 F .3d 1234, 1236 ( 11th Cir. 2002). Accordingly, IT I S THER E FORE ORD E RED that the instant acNion is hereby DI SMISSE D WITHO UT PREJUDICE pursuant to 28 U .S .C . 1 15(g). IT I S SO ORD ERE D this-~--F day of Q&4&u 1---12007 . WILL`IS B . HUNT,. JR. SENIOR UNITED STATES DIS CT JUDGE AO 72A (Rev .$l82)

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