Rittner v. Williams
Filing
14
Memorandum Opinion and Order dismissing action without prejudice. Plaintiff's various pending motions Doc. Nos. 2 , 3 , 7 , 8 , 9 , 11 , 12 are denied as moot. The Court certifies pursuant to 28:1915(a)(3), that an appeal from this decision could not be taken in good faith. Judge Jack Zouhary on 4/12/10. (G,D)
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION Daniel L. Rittner, Sr., Plaintiff, -vsJesse Williams, Defendant. Case No. 3:10 CV 435 MEMORANDUM OPINION AND ORDER JUDGE JACK ZOUHARY
On March 1, 2010, Plaintiff pro se Daniel Rittner filed this in forma pauperis action under 42 U.S.C. § 1983 against Allen Correctional Institution ("ACI") Warden Jesse Williams. Rittner, who is incarcerated at ACI, alleges illegal restrictions on his legal correspondence. A prisoner is prohibited from bringing 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, unless the prisoner is under imminent danger of serious physical injury. 28 U.S.C. § 1915(g). Rittner has, on at least five occasions, filed a civil action failing to state a claim in this Court. See Rittner v. Kinder, 3:06 CV 973; Rittner v. Baker, 3:05 CV 7188; Rittner v. Williams, 3:05 CV 7118; Rittner v. Dennis, 3:04 CV 7585; Rittner v. Baker, 3:03 CV 7165. As the Complaint in the
instant action does not contain allegations reasonably suggesting he is in imminent danger of serious physical injury, he may not proceed in forma pauperis. Accordingly, this action is dismissed without prejudice. In light of this ruling, Plaintiff's various pending motions (Doc. Nos. 2, 3, 7, 8, 9 11, 12) are denied as moot. 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. s/ Jack Zouhary JACK ZOUHARY U. S. DISTRICT JUDGE April 12, 2010
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