Anderson v. Beightler et al
Filing
11
Memorandum Opinion and Order. This Court denies Plaintiff's: Motion to Proceed in forma pauperis 2 ; "Motion to Waive Required Number of Copies" 3 ; "Certified Mail Request Pursuant to Civ. R. 4.1" 4 ; and Motion for Sanctions 8 . The Amended Complaint 7 is dismissed without prejudice pursuant to 28 U.S.C. 1915(g). If Plaintiff wishes to continue this case, he must pay the $400 filing fee within 30 days of the entry of this Order. Plaintiff may move to reopen this case only after paying the filing fee. This Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that an appeal from this decision could not be taken in good faith. Judge Jack Zouhary on 5/9/2014. (D,L)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION
Herbert Anderson,
Case No. 3:13 CV 2609
Plaintiff,
MEMORANDUM OPINION
AND ORDER
-vsJUDGE JACK ZOUHARY
M. Beightler, et al.,
Defendants.
Plaintiff Herbert Anderson, an inmate at the Allen Correctional Institution, filed this in forma
pauperis action alleging Defendants deprived him of his federal constitutional rights by obstructing
his access to legal materials; for certain due process deprivations during a hearing that resulted in
rescission of his parole; and in relation to the conditions of his “segregated confinement” (Docs. 1 &
7).
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.
28 U.S.C. § 1915(g). On at least four prior occasions, and while a prisoner, Plaintiff has filed a civil
action in federal court. Each of these four prior filings was dismissed as frivolous or for failure to
state a claim. See Anderson v. City of East Cleveland, Case No. 1:12 CV 3020, Doc. 16 (N.D. Ohio
2012); Anderson v. Davidson, Case No. 3:11 CV 2599, Doc. 5 (N.D. Ohio 2011); Anderson v.
Amawi, Case No. 1:10 CV 1737, Doc. 6 (N.D. Ohio 2010); Anderson v. Kagel, Case No. 2:12 CV
642, Doc. 6 & 7 (S.D. Ohio 2012). The original and Amended Complaints contain no allegations
suggesting Plaintiff is in “imminent danger of serious physical injury.”
This Court denies Plaintiff’s: Motion to Proceed in forma pauperis (Doc. 2); “Motion to
Waive Required Number of Copies” (Doc. 3); “Certified Mail Request Pursuant to Civ. R. 4.1” (Doc.
4); and Motion for Sanctions (Doc. 8). The Amended Complaint (Doc. 7) is dismissed without
prejudice pursuant to 28 U.S.C. § 1915(g). See Rittner v. Kinder, 290 Fed. App’x 796 (6th Cir. 2008).
If Plaintiff wishes to continue this case, he must pay the $400 filing fee within thirty (30) days
of the entry of this Order. Plaintiff may move to reopen this case only after paying the filing fee.
This 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
May 9, 2014
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