Moshir v. NEOCC et al

Filing 4

Memorandum of Opinion and Order For the reasons set forth herein, Plaintiff's application to proceed in forma pauperis is denied, and this action is dismissed without prejudice pursuant to 28 U.S.C. § 1915(g). If Plaintiff w ishes to proceed with this case, he must pay the full filing fee of $400 and file a motion to re-open. The Clerk's Office is directed not to accept a motion to re-open, or any additional documents for filing in this case, unless the filing fee is paid in full. 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.
NEOCC, et al.,

Defendants.

)
)
)
)
)
)
)
)
)
)

CASE NO. 4:17CV1545

JUDGE BENITA Y. PEARSON

MEMORANDUM OF OPINION AND
ORDER

This case has been transferred from the United States District Court for the Western
District of New York. See Decision and Order (ECF No. 2). Pro Se Plaintiff Ali Moshir, an
inmate at the Northeast Ohio Correctional Center (“NEOCC”) at the time he filed this in forma
pauperis civil rights action against Defendants NEOCC, Corrections Corporation of America
(“CCA”)/Core Civic, Captain Dragovich, the United States Marshals Service, the federal
government, the State of Ohio, Mahoning County, Ohio, and Warden, alleges (ECF No. 1) that
Defendant Captain Dragovich assembled false statements and a false report, in which he then
used as basis to place Plaintiff in a segregated unit at NEOCC. ECF No. 1 at PageID#: 5.
Plaintiff seeks one hundred and fifty million dollars in damages. Id.
Plaintiff may not proceed in forma pauperis because he has already accumulated three

(4:17CV1545)
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 or more 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 is denied, and this
action is dismissed without prejudice pursuant to 28 U.S.C. § 1915(g). If Plaintiff wishes to
proceed with this case, he must pay the full filing fee of $400 and file a motion to re-open. The
Clerk’s Office is directed not to accept a motion to re-open, or any additional documents for
filing in this case, unless the filing fee is paid in full.
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

1

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

See Moshir v. NEOCC, et al., Case No. 4:17CV1106 (N.D. Ohio Aug. 31,
2017)(Pearson, J.); Moshir v. Valentine, et al., Case No. 4:17CV1459 (N.D. Ohio Aug.
31, 2017) (Pearson, J.); Moshir v. NEOCC, et al., Case No. 4:17CV1480 (N.D. Ohio Oct.
13, 2017) (Pearson, J.).