Knox v. Green-Thomas et al

Filing 4

ORDER AND OPINION by Judge Frank H. Seay : Denying 2 Motion for Leave to Proceed in Forma Pauperis. Inital Filing Fee due by 6/25/2012 (acg, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
ANTONE L. KNOX,

Plaintiff,
v.
AMY GREEN-THOMAS, et. al.,
Defendants,

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No. CIV 12-187-FHS-SPS

OPINION AND ORDER
DENYING LEAVE TO PROCEED IN FORMA PAUPERIS
Plaintiff Antone L. Knox, a prisoner appearing pro se, has brought yet another civil
rights complaint, this time against 38 defendants. He also has filed a motion for leave to
proceed in forma pauperis and supporting documentation in conformance with 28 U.S.C. §
1915(a). A review of his litigation history, however, indicates he has accumulated at least
three prior civil rights actions that count as “strikes,” pursuant to 28 U.S.C. § 1915(g):
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).
Petitioner’s civil rights complaint in Knox v. Pink-Roberts, No. CIV-08-195-RAWSPS (E.D. Okla. Sept. 1, 2009), aff’d, No. 09-7082 (10th Cir. Mar. 22, 2010), was dismissed
pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a claim upon which relief can be
granted. The court dismissed plaintiff’s civil rights case in Knox v. Aldridge, No. CIV-10-

044-JHP-SPS (E.D. Okla. May 6, 2010), as frivolous and malicious. On appeal, the Tenth
Circuit Court of Appeals affirmed this court’s determination, and further found the dismissal
of the appeal counted as a second strike in that case. Knox v. Aldridge, No. 10-7035, slip op.
at 6 (10th Cir. Feb. 14, 2011). Finally, in Knox v. Bland, No. CIV-10-147-JHP-SPS (E.D.
Okla. Aug. 20, 2010), aff’d, No. 10-7066 (10th Cir. Feb. 14, 2011), plaintiff’s complaint was
dismissed as frivolous and malicious.
Although plaintiff’s complaint is next to impossible to read, he apparently is
complaining about, among other things, alleged racial prejudice, misconduct reports, food,
and denial of access to the courts. See Docket No. 1 at 22. The court, however, finds he has
not demonstrated he is in imminent danger of serious physical injury and that he qualifies for
the exception in 28 U.S.C. § 1915(g).
ACCORDINGLY, plaintiff’s motion for leave to proceed in forma pauperis [Docket
#2] is DENIED. Plaintiff is directed to forward the $350.00 filing fee to the Court Clerk
within twenty (20) days. Failure to submit the filing fee as directed, or to show cause for
failure to pay the fee, will result in dismissal of this action. The agency having custody of
plaintiff is ordered to release funds from his accounts, including his trust account, for
payment of the filing fee.
DATED this 4th day of June, 2012.

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