Washington v. Hodges et al

Filing 7

ORDER: The motion for leave to proceed in forma pauperis is DENIED. This actionis DISMISSED without prejudice to Plaintiff bringing these claims in a fully pre-paid complaint. Signed by Judge G. Patrick Murphy on 9/11/2012. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
BURL WASHINGTON, #34793-044
Plaintiff,

vs.
MARGARET HODGES, et al.,

Defendants.

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Case No. 12-cv-854-GPM

MEMORANDUM AND ORDER
MURPHY, District Judge:
Plaintiff, currently incarcerated at McCreary United States Penitentiary, has brought this
pro se civil rights action pursuant to 42 U.S.C. § 1983. He also seeks to proceed in forma
pauperis pursuant to 28 U.S.C. § 1915.
A prisoner may not bring a civil action or appeal a civil judgment under 28 U.S.C. § 1915
“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.” 28 U.S.C. § 1915(g).
Plaintiff has had three or more prior prisoner actions dismissed on the grounds that they
were frivolous, malicious, or failed to state a claim upon which relief may be granted. See, e.g.,
Washington v. Stacy, et al., Case No. 4:07-cv-1523-DJS; Washington v. State of Missouri, Case
No. 4:07-cv-1370 FRB; Washinton v. White, et al., Case No. 4:08-cv-28-CAS. Further, the

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allegations in the instant complaint do not show that Plaintiff is under imminent danger of
serious physical injury.
Accordingly, the motion for leave to proceed in forma pauperis is DENIED. This action
is DISMISSED without prejudice to Plaintiff bringing these claims in a fully pre-paid complaint.
The Clerk shall CLOSE THIS CASE.
IT IS SO ORDERED.
DATED: September 11, 2012
/s/ ZA ctàÜ|v~ `âÜÑ{ç
G. PATRICK MURPHY
United States District Judge

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