Matthews v. U.S. Justice Department et al
Filing
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ORDER denying 2 IFP application; denying 5 Motion for Preliminary Injunction; directing Clerk to file the 2 -1 Complaint; dismissing without prejudice the complaint; directing Clerk to close the case. Signed by Judge Robert C. Jones on 5/7/2015. (Copies have been distributed pursuant to the NEF - KR)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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______________________________________
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FELTON L. MATTHEWS, JR.,
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Plaintiff,
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vs.
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UNITED STATES DEPARTMENT OF
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JUSTICE et al.,
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Defendants.
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3:14-cv-00622-RCJ-WGC
ORDER
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This is a prisoner civil rights complaint pursuant to 42 U.S.C. § 1983. Plaintiff admits he
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is subject to the three-strikes filing bar, and he has not alleged being in immediate danger of
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serious physical injury:
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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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28 U.S.C. § 1915(g).
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CONCLUSION
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IT IS HEREBY ORDERED that the Motion for Leave to Proceed in Forma Pauperis
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(ECF No. 2) and the Motion for Preliminary Injunction (ECF No. 5) are DENIED.
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IT IS FURTHER ORDERED that the Clerk shall FILE the Complaint (ECF No. 2-1).
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IT IS FURTHER ORDERED that the Complaint is DISMISSED without prejudice to
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Plaintiff refiling the Complaint in a new action after paying the full filing fee.
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IT IS FURTHER ORDERED that the Clerk shall close the case.
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IT IS SO ORDERED.
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Datedthis 5th day ofof May, 2015.
Dated this 7th day May, 2015.
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_____________________________________
ROBERT C. JONES
United States District Judge
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