Moshir v. Counselor Sauline et al, No. 4:2017cv01491 - Document 6 (N.D. Ohio 2017)

Court Description: Memorandum of Opinion and Order For the reasons set forth herein, Plaintiff's application to proceed in forma pauperis in this matter is DENIED, and the action is dismissed without prejudice in accordance with the three-strike rule set out in 28 U.S.C. § 1915(g). If Plaintiff wishes to proceed with this case, he must pay the full filing fee of $400 and a motion to re-open. The Clerk's Office is directed not to accept any motion to re-open, or any additional docu ments for filing in this case, unless the full filing fee ispaid. 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)

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Moshir v. Counselor Sauline et al Doc. 6 PEARSON, J. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION ALI MOSHIR, Plaintiff, v. COUNSELOR SAULINE, et al., Defendants. ) ) ) ) ) ) ) ) ) CASE NO. 4:17 CV 1491 JUDGE BENITA Y. PEARSON MEMORANDUM OF OPINION AND ORDER Pro se Plaintiff Ali Moshir filed this civil action in the Western District of New York. He did not pay the filing fee, but filed a motion to proceed in forma pauperis. ECF No. 1. The District Court for the Western District of New York transferred the action here as the Plaintiff’s Complaint pertains to his confinement in this District, and none of the Defendants (Counselor Sauline, Grievance Coordinator Sergeant Sullivan, NEOCC, Corrections Corporation of America (CCA)/Core Civic, United Marshals Service, Federal Government, State of Ohio, Mahoning County) reside in New York. Plaintiff, however, may not proceed in forma pauperis because he has already accumulated three 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 1 See Moshir v. NEOCC, No. 4:17-CV-1106 (N.D. Ohio Aug. 31, 2017) (Pearson, J.); Moshir v. Valentine, No. 4:17-CV-1459 (N.D. Ohio Aug. 31, 2017) (Pearson, J.); Moshir v. NEOCC, No. 4:17-CV-1480 (N.D. Ohio Oct. 13, 2017) (Pearson, J.). Dockets.Justia.com 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 in this matter is DENIED, and the action is dismissed without prejudice in accordance with the three-strike rule set out in 28 U.S.C. § 1915(g). If Plaintiff wishes to proceed with this case, he must pay the full filing fee of $400 and a motion to re-open. The Clerk’s Office is directed not to accept any motion to re-open, or any additional documents for filing in this case, unless the full filing fee is paid. 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 /s/ Benita Y. Pearson Benita Y. Pearson United States District Judge 2

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