Gibbs v. Steelman et al

Filing 9

MEMORANDUM: this action will be DISMISSED without prejudice under the three strikes rule of 28 U.S.C. § 1915(g) for Plaintiff's failure to pay the filing fee, and the Clerk SHALL enter final judgment and close the case (Docs. 2 & 4). Signed by District Judge Harry S Mattice, Jr on 1/21/2014. (BJL, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT CHATTANOOGA

MICHAEL T. GIBBS, JR.
Plaintiff,
v.
JUDGE BARRY STEELMAN;
HAMILTON COUNTY; HAMILTON
COUNTY JAIL; SHERIFF JIM
HAMMONDS; and STATE OF
TENNESSEE;
Defendants.

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No. 1:13-CV-203
Judge Mattice

MEMORANDUM
Michael T. Gibbs, Jr., a state prisoner who has accumulated more than three
strikes pursuant to 28 U.S.C. § 1915(g), filed a pro se civil rights action under 42 U.S.C.
§ 1983 (Doc. 2) and a motion to amend (Doc. 4).
The Court previously concluded § 1915(g) of the PLRA applies to Plaintiff and
prevents him from proceeding in forma pauperis, because, while incarcerated, Plaintiff
has had at least three prior civil rights actions dismissed as frivolous or for failure to
state a claim for relief (Doc. 8). See, e.g. Gibbs v. Day, et. al., Civil Action No. 3:09-cv613 (E.D. TN. March 30, 2011) (dismissed failure to state a claim); Gibbs v. Osborne et.
al.., Civil Action No. 3:12-cv-576 (E.D. TN. Jan. 23, 2013) (dismissed as frivolous and
for failure to state a claim); Gibbs v. Haslam, Civil Action No. 1:12-cv-364 (E.D. TN. May
1, 2013) (dismissed pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A as frivolous).

The Court concluded Plaintiff’s general and rambling allegations were insufficient
to allow him to proceed in forma pauperis pursuant to the imminent danger exception.
Because the record lacked any evidence of imminent serious physical harm to Plaintiff,
the Court determined he must prepay the entire $350.00 filing fee in order to file this
action. The Court issued an order requiring Plaintiff to pay the full filing fee within
twenty (20) days from its December 18, 2013, Memorandum and Order (Doc. 8).
Plaintiff was notified that if he failed to pay the full filing fee, his complaint would be
dismissed without prejudice pursuant to the three-strike rule of 28 U.S.C. § 1915(g).
Plaintiff has failed to pay the filing fee or respond to the Court’s December 18,
2013, Memorandum and Order. Accordingly, this action will be DISMISSED without
prejudice under the “three strikes” rule of 28 U.S.C. § 1915(g) for Plaintiff’s failure to
pay the filing fee, and the Clerk SHALL enter final judgment and close the case (Docs.
2 & 4).
A judgment will enter.
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/s/ Harry S. Mattice, Jr._______
HARRY S. MATTICE, JR.
UNITED STATES DISTRICT JUDGE

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