Hatcher v. Anderson et al (JRG1)

Filing 3

MEMORANDUM AND ORDER: Plaintiff has not made any allegations of imminent harm. Thus, in order to file this action, plaintiff must prepay the entire $400.00 filing fee. Plaintiff shall have thirty (30) days from the date of this Memorandum and Order to pay the full filing fee of $400.00. If plaintiff fails to pay the total amount of the fee within the allotted time-frame, his complaint will be dismissed without prejudice pursuant to 28 U.S.C. § 1915(g)s three-dismissal rule. Signed by District Judge J Ronnie Greer on 4/10/2015. (c/m to pro se plaintiff) (RLC, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT GREENEVILLE
SHAMSIDDEEN HATCHER,
Plaintiff,
v.
TENNESSEE DEPARTMENT OF
CORRECTIONS, et al.,

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No.: 2:15-CV-016-JRG-DHI

Defendants.

MEMORANDUM and ORDER
The Court is in receipt of a prisoner's civil rights complaint under 42 U.S.C. §
1983. Section 1915(g) of the Prison Litigation Reform Act of 1996 (PLRA) provides as
follows:
In no event shall a prisoner bring a civil action [in forma pauperis] .
. . if the prisoner has, on 3 or more prior occasions, while incarcerated or
detained in any facility, brought an action . . . 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).
While incarcerated, plaintiff has filed at least three prior civil actions that have
been dismissed for failure to state a claim. See Hatcher. v. Salyers, et al., Civil Action
No. 7:08-CV-224 (W.D. Va. March 13, 2008) (order dismissing case for failure to state
claim); Hatcher v. Bristol City Sheriff’s Office et al., Civil Action No. 7:08-CV-440
(W.D. Va. July 29, 2008) (memorandum opinion and order dismissing case for failure to

state claim); Hatcher v. Barnette, Civil Action No. 2:14-CV-215 (E.D. Tenn. Dec. 5,
2014) (order dismissing case for failure to state a claim).
Plaintiff has not made any allegations of imminent harm. Thus, in order to file
this action, plaintiff must prepay the entire $400.00 filing fee. Plaintiff shall have thirty
(30) days from the date of this Memorandum and Order to pay the full filing fee of
$400.00. If plaintiff fails to pay the total amount of the fee within the allotted time-frame,
his complaint will be dismissed without prejudice pursuant to 28 U.S.C. § 1915(g)’s
three-dismissal rule.
ENTER:
s/J. RONNIE GREER
UNITED STATES DISTRICT JUDGE

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