Aurel v. United States of America et al

Filing 3

MEMORANDUM. Signed by Judge Ellen L. Hollander on 8/2/2017. (c/m 8/3/17)(kr2, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

MICH AUREL, #317239
Plaintiff
v.
UNITED STATES OF AMERICA
MARYLAND STATE
NORTH BRANCH CORRECTIONAL
INSTITUTION MAILROOM
MARY JANE ROSE
W.C.I MAIL ROOM STAFF
Defendants.

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CIVIL ACTION NO. ELH-17-2158

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MEMORANDUM

On July 31, 2017, the court received a prisoner civil rights action and motion for leave to
proceed in forma pauperis filed by Mich Aurel1, an inmate confined at the North Branch
Correctional Institution (“NBCI”). Aurel claims that he has insufficient funds to post outgoing mail
and that commencing February 1, 2017, he has been denied access to outgoing indigent mail or had
his outgoing indigent mail destroyed. Aurel contends that his outgoing letters to overseas family
and friends, politicians, embassies, media, out-of-state courts, and to correctional staff have been
denied or destroyed.2 He provides a chronology of dates when “no funds” outgoing correspondence

1

The Maryland Department of Public Safety and Correctional Services (“DPSCS”) lists
plaintiff as Mich Aurel on its “inmate locator” website. Although plaintiff was prosecuted as
Aurel Mich in the Maryland courts, I will refer to him per the DPSCS designation of Mich Aurel.
2

The court observes that Aurel’s outgoing mail, sent to this court on or about February 1,
April 24, and July 12, 2017, was received for filing. See Aurel v. Wexford Health Sources, Inc.,
et al., Civil Action No. ELH-17-335 (D. Md.); Aurel v. Wexford Health Sources, Inc., et al.,
Civil Action No. ELH-17-336 (D. Md.); and Aurel v. Wexford, et al., Civil Action No. ELH-171201 (D. Md.).

were allegedly not mailed out of the prison. ECF 1 at 2-4. Aurel seeks $1,000,000.00 in damages
and transfer to another correctional facility. Id. at 5.
This case represent the thirty-fourth action Aurel has filed in this court over the past five
years. 3 In three of those cases Aurel was granted leave to proceed in forma pauperis pursuant to the
provisions of 28 U.S.C. § 1915(a). Those cases were dismissed as frivolous or for the failure to
state a claim. He was notified that the dismissals constituted “strikes” under § 1915(e),4 and that a
prisoner is not allowed to bring a civil action under the provisions of 28 U.S.C. § 1915 if he "has, on
3 or more occasions, while incarcerated or detained in any facility, brought an action or appeal in a
3

In addition to this action, Aurel has filed thirty-three prior cases in this court. They are
Aurel v. United States., Civil Action No. JKB-11-1297 (D. Md.); Aurel v. Wexford, Civil Action
No. ELH-13-3721 (D. Md.); Aurel v. Jefferson, et al., Civil Action No. ELH-14-352 (D. Md.);
Aurel v. Shearin, et al., Civil Action No. ELH-14-374 (D. Md.); Aurel v. Jessup Correctional
Institution Mail Room, Civil Action No. ELH-14-958 (D. Md.); Mich v. Nice, et al., Civil Action
No. JKB-14-1397 (D. Md.); Aurel v. North Branch Correctional Institution, et al., ELH-14-3036
(D. Md.); Mich v. Yacenech, et al., Civil Action No. JKB-14-1473 (D. Md.); Aurel v. Wexford
Health Sources, Inc., et al., Civil Action No. ELH-15-1797 (D. Md.); Aurel v. Pennington, et
al., Civil Action No. JKB-14-1859 (D. Md.); Aurel v. Mail Room at North Branch Correctional
Institution, et al., ELH-14-2813 (D. Md.); Aurel v. Warden, ELH-15-258 (D. Md.); Aurel v.
Warden, ELH-15-1127 (D. Md.); Aurel v. Warden., ELH-15-1128 (D. Md.); Aurel v. Miller, et
al., ELH-15-1422 (D. Md.); Aurel v. Kammauf, et al., ELH-15-1581 (D. Md.); Aurel v. Gainer,
et al., ELH-15-1750 (D. Md.); Aurel v. Twigg, ELH-15-1920 (D. Md.); Aurel v. Jones, et al.,
ELH-15-1928 (D. Md.); Aurel v. Rose., ELH-15-2604 (D. Md.); Aurel v. Thrasher, ELH-153142 (D. Md.); Aurel v. Sawyers, et al., Civil Action No. ELH-16-280 (D. Md.); Aurel v. North
Branch Correctional Institution, et al., Civil Action No. ELH-16-850 (D. Md.); Aurel v. North
Branch Correctional Institution, et al., Civil Action No. ELH-16-851 (D. Md.); Aurel v. Warden,
Civil Action No. ELH-16-1494 (D. Md.); Aurel v. Nines, Civil Action No. ELH-16-1839 (D.
Md.); Aurel v. Fornay, et al., Civil Action No. ELH-16-2941 (D. Md.); Aurel v. Nines, et al.,
Civil Action No. ELH-16-2942 (D. Md.); Aurel v. Bohrer, Civil Action No. ELH-16-3858; Aurel
v. Wexford Health Sources, Inc., et al., Civil Action No. ELH-17-335 (D. Md.); Aurel v.
Wexford Health Sources, Inc., et al., Civil Action No. ELH-17-336 (D. Md.); and Aurel v.
Wexford, et al., Civil Action No. ELH-17-1201 (D. Md.).
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See Mich v. Nice, et al., Civil Action No. JKB-14-1397 (D. Md.); Aurel v. Gainer, et
al., ELH-15-1750 (D. Md.); and Aurel v. Jones, et al., ELH-15-1928 (D. Md.).
2

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).5
Aurel has had three cases previously dismissed under 28 U.S.C. § 1915(g). Therefore, he
may not procced in this action unless he (1) submits the $400.00 civil filing fee or (2) moves to
proceed in forma pauperis and provides particularized factual allegations establishing that he is
subject to imminent danger of serious physical injury. Aurel does not allege he faces imminent
danger of serious physical injury at the time he filed his Complaint, and there is no plausible
basis for concluding such a danger existed. See Sayre v. King, 2014 WL 4414509, * 3 (N.D. W.
Va. 2014) (stating that a prisoner’s claim that he was denied access to all of his legal materials
does not rise to the level of imminent danger of serious physical injury satisfying § 1915(g)
exception).
Aurel is forewarned that should he attempt to file future civil rights actions in this court,
they must be accompanied by the civil filing fee. In the alternative, if Aurel files a complaint
with an indigency application, he must assert and demonstrate that he is in imminent danger of
serious physical harm.

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Specifically, §1915g) provides:

In no event shall a prisoner bring a civil action or appeal a judgment in a civil
action or proceeding under this section 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.
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Accordingly, Aurel’s motion to proceed in forma pauperis shall be denied and his
consolidated complaint shall be dismissed, without prejudice, by separate Order.

Date: August 2, 2017

______________________
Ellen L. Hollander
United States District Judge

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