Moshir v. Counselor Sauline et al

Filing 6

Memorandum of Opinion and Order For the reasons set forth herein, Plaintiff's application to proceed in forma pauperis in this matter is DENIED, and the action is dismissed without prejudice in accordance with the three-strike rule set out in 28 U.S.C. § 1915(g). If Plaintiff wishes to proceed with this case, he must pay the full filing fee of $400 and a motion to re-open. The Clerk's Office is directed not to accept any motion to re-open, or any additional docu ments for filing in this case, unless the full filing fee ispaid. The Court further certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith. Judge Benita Y. Pearson on 11/22/2017. (JLG)

PEARSON, J.

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
ALI MOSHIR,
Plaintiff,
v.
COUNSELOR SAULINE, et al.,
Defendants.

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CASE NO. 4:17 CV 1491

JUDGE BENITA Y. PEARSON

MEMORANDUM OF OPINION AND
ORDER

Pro se Plaintiff Ali Moshir filed this civil action in the Western District of New York.
He did not pay the filing fee, but filed a motion to proceed in forma pauperis. ECF No. 1. The
District Court for the Western District of New York transferred the action here as the Plaintiff’s
Complaint pertains to his confinement in this District, and none of the Defendants (Counselor
Sauline, Grievance Coordinator Sergeant Sullivan, NEOCC, Corrections Corporation of America
(CCA)/Core Civic, United Marshals Service, Federal Government, State of Ohio, Mahoning
County) reside in New York.
Plaintiff, however, may not proceed in forma pauperis because he has already
accumulated three strikes pursuant to 28 U.S.C. § 1915(g),1 and his complaint does not
demonstrate that he is or was at the time he filed his Complaint in imminent danger of serious
physical injury. See 28 U.S.C. § 1915(g) (prohibiting a prisoner who has accumulated three
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See Moshir v. NEOCC, No. 4:17-CV-1106 (N.D. Ohio Aug. 31, 2017) (Pearson, J.); Moshir
v. Valentine, No. 4:17-CV-1459 (N.D. Ohio Aug. 31, 2017) (Pearson, J.); Moshir v. NEOCC,
No. 4:17-CV-1480 (N.D. Ohio Oct. 13, 2017) (Pearson, J.).

strikes under the statute from bringing any civil action in forma pauperis “unless the prisoner is
under imminent danger of serious physical injury”).
Accordingly, Plaintiff’s application to proceed in forma pauperis in this matter is
DENIED, and the action is dismissed without prejudice in accordance with the three-strike rule
set out in 28 U.S.C. § 1915(g). If Plaintiff wishes to proceed with this case, he must pay the full
filing fee of $400 and a motion to re-open. The Clerk’s Office is directed not to accept any
motion to re-open, or any additional documents for filing in this case, unless the full filing fee is
paid.
The Court further 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.

November 22, 2017
Date

/s/ Benita Y. Pearson
Benita Y. Pearson
United States District Judge

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