Winn v. Nyzc et al
Order of Dismissal signed by Judge James S. Gwin on 10/3/17. The Court dismisses this action without prejudice for the reasons set forth in this order. If plaintiff wishes to continue this case, he must, within 30 days of the entry of this order: pay the $400 filing fee and file a motion to reopen this case. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith. (D,MA)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
MATTHEW NYZE, et al.,
CASE NO. 1:17 CV 1282
JUDGE JAMES S. GWIN
ORDER OF DISMISSAL
Plaintiff pro se Antoine Winn, an inmate at the Madison Correctional Institution, seeks to
bring this in forma pauperis action against 18 defendants in connection with his arrest and
prosecution in the Cuyahoga County Court of Common Pleas in 2015.
A prisoner is prohibited from bringing a civil action or appealing a judgment in a civil
action in forma pauperis if, on three or more prior occasions, the prisoner brought an action or
appeal in a court of the United States that was dismissed on the grounds that it was frivolous,
malicious or failed to state a claim upon which relief may be granted. 28 U.S.C. § 1915(g).
Winn has, on at least three prior occasions, filed an inmate civil action in federal court
that was dismissed as frivolous or for failure to state a claim. See, Winn v. Cuyahoga County
Sheriff, N.D. Ohio Case No. 1:11 CV 171; Winn v. Cuyahoga County Sheriff, N.D. Ohio Case
No. 1:14 CV 249; Winn v. Jane Doe, N.D. Ohio Case No. 1:15 CV 1562. Further, there are no
allegations in the instant complaint suggesting plaintiff is in imminent danger of serious physical
injury. Thus, he may not proceed in forma pauperis, and this case is subject to summary
dismissal. Rittner v. Kinder, No. 06-4472, 2008 WL 3889860 (6th Cir. Aug. 20, 2008).
Accordingly, this action is dismissed without prejudice. If plaintiff wishes to continue
this case, he must, within thirty days of the entry of this order: 1) pay the $400 filing fee; and 2)
file a motion to reopen this case. The court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an
appeal from this decision could not be taken in good faith.
IT IS SO ORDERED.
Dated: October 3, 2017
James S. Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE
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