Opinion
2:11-CV-44-RJC.
October 28, 2011
ORDER
THIS MATTER comes before the Court on initial review of Plaintiff's pro se Complaint filed on October 24, 2011, pursuant to 42 U.S.C. § 1983, (Doc. No. 1).
The Prisoner Litigation Reform Act ("PLRA") makes clear that "[i]n 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). This subsection is known as the "three strikes" provision of the PLRA.
Court records indicate that Plaintiff has filed at least five lawsuits in this Court that were dismissed for failure to state a claim for relief. Further, Plaintiff has not demonstrated that he is under imminent danger of serious physical injury. Therefore, his Complaint must be dismissed without prejudice.
See Wright v. Graham Cnty. Sheriff's Dep't, et al., No. 2:96-cv-251; Wright v. Crisp et al., No. 2:97-cv-18; Wright v. Crisp, No. 2:97-cv-30; Wright v. Wikes, No. 2:97-cv-44;Anderson-Bey, et al. v. North Carolina, et al., No. 2:08-cv-21.
IT IS, THEREFORE, ORDERED that:
(1) Plaintiff's Complaint is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(g);
(2) Plaintiff's Application to Proceed In Forma Pauperis is DENIED;
(3) The Clerk is directed to send a copy of this Order to the pro se Plaintiff.