Felton L. Matthews, Jr. VS Eighth Judicial District Court, et al.

Filing 30

MINUTE ORDER denying 29 Motion Relief from PLRA '3 Strikes Bar'. Signed by Judge Edward C. Reed, Jr on 1/13/12. (Copies have been distributed pursuant to the NEF - LG)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
FELTON L. MATTHEWS, JR.,
Plaintiff,
vs.
EIGHTH JUDICIAL DISTRICT COURT,
et al.,
Defendants.

PRESENT:

)
)
)
)
)
)
)
)
)
)
)

3:03-CV-00432-ECR-VPC
DATE: January 13, 2012

EDWARD C. REED, JR.

Judicial Assistant:

CANDACE KNAB

U. S. DISTRICT JUDGE
Reporter:

NONE APPEARING

Counsel for Plaintiff(s)

NONE APPEARING

Counsel for Defendant(s)

NONE APPEARING

MINUTE ORDER IN CHAMBERS
Now pending before the Court is Plaintiff’s “Motion/Petition for Relief
from PLRA ‘3 Strikes’ Bar” (#29) on the basis of threat of immediate physical
injury.
This Court dismissed (#19) Plaintiff’s case on December 12, 2003. A
previous Order (#14) of the Court found that Plaintiff had filed three
complaints under 42 U.S.C. § 1983 in forma pauperis status, and precluded
Plaintiff from commencing any new cases in forma pauperis except upon a
showing of imminent danger or serious physical injury in accord with the
Prison Litigation Reform Act (“PLRA”), 28 U.S.C. § 1915(g).
A motion for relief from a PLRA three strikes order cannot be brought as
part of a closed case. Further, the instant motion involves new separate
claims that have occurred since the case was closed in 2003.
IT IS, THEREFORE, HEREBY ORDERED that Plaintiff’s Motion (#29) is DENIED
without prejudice as part of this case. The Plaintiff might desire to file
a motion in a new separate claim and action for leave to file such a new

separate action notwithstanding the prior three strikes order (#14) against
him. The new motion should include a copy of Plaintiff’s proposed complaint
for the new action, and if Plaintiff so desires, a motion for in forma
pauperis waiver of the filing fee.

LANCE S. WILSON, CLERK
By

2

/s/
Deputy Clerk