Riches v. Harris

Filing 3

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Case 1:07-cv-02592-WBH

Document 3

Filed 10/23/2007

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U..SM.C OCT 2

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F OR T H E NORTHERN DISTRICT OF GEORGIA L-11 G ATLANTA DI V I S ION JONATHAN LEE RICHES, Plaintiff, PRISONER CIVIL RIGHTS 42 U.S .C . § 1983
V.

IN THE UNITED S TATES DI ST RI CT COURT

VARIOUS DEFENDANTS .

CIVIL ACTION NO . 1 :07-CV-2313-WBH 1 :07-CV-2592-WBH 1 :07-CV-2609-WBH ORDER

Plaintiff, an inmate at the Williamsburg Federal Correctional Institution ("FCIWilliamsburg") in Salters, South Carolina has filed the three above-styled complaints without payment of a filing fee . According to 28 U .S .C . § 1915(g), a prisoner is prohibited from bringing a civil action in federal court in forma ap up eriS "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 relief may be granted, unless the
prisoner is under imminent danger of serious physical injury ." The records of the federal courts indicate that Plaintiff has filed numerous

federal lawsuits, at least three of which were dismissed prior to service of process as frivolous pursuant to 28 U .S .C . § 1915 . See Riches v . Guantanamo Bay, Case No .
AO 72A (Rev .818 2)

Case 1:07-cv-02592-WBH

Document 3

Filed 10/23/2007

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2 :07-CV-13041-VAR (E .D . Mich ., Order of Aug . 8, 2007) ; Riches v . Bureau of Prisons, Case No . 6 :06-CV-Q0194-MBS (D .S .C ., Order of Mar . 17, 2006) ; Riches v. Doe, Case No . 1 :07-CV-20042-FAM (S.D. Fla., Order of Jan . 24, 2007) . Additionally, this Court finds that the assertions set forth in Plaintiff's complaints lack sufficient credibility to qualify as a claim of imminent danger of serious physical
injury .

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 pau l2 eris pursuant to the three strikes provision of § 1915(g) . The

prisoner . . .must pay the filing fee at the time he initiates the suit ." Dupree v . Palmer, 284 F .3d 1234, 1236 (11th Cir . 2002). Accordingly, IT IS THERE FORE ORDERED that the Plaintiffs three actions, Civil ActionNo .s 1 :07-CV-2313-W131-1, 1 :07-CV-2592-VvBH, and 1 :07-CV-2609-"H are hereby DI SM ISSE D W IT HO U T PRE JUDI CE pursuant to 28 U .S .C . § 1915(g) . IT IS SO ORDERED this ~~~day of ~ 2007 .

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WILL S B . HUNT, JR.

SENIOR UNITED STATES DISTRICT JUDGE

2
AO 72A (Rev . 818 2)