Harris v. Donaldson et al, No. 1:2007cv01636 - Document 2 (N.D. Ga. 2007)

Court Description: ORDER AND OPINION that plaintiff is DENIED in forma pauperis status; the case is DISMISSED WITHOUT PREJUDICE. Signed by Judge Thomas W. Thrash Jr. on 7/23/07. (dr)

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Case 1:07-cv-01636-TWT Document 2 Filed 07/24/2007 Page 1 of 2 F IL ED IN CHAM 6EF THOMAS yy THRASH U'S, D. 0. Atlanta IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORG~yr~PMEs N . HaTrEN, crel ATLANTA DIVISION ,Y-~ ~W 09p14 JOE CURTIS HARRIS, Plaintiff, PRISONER CIVIL RIGHTS 42 U .S .C . § 1983 v. JAMES DONALDSON, et al., Defendants . CIVIL ACTION NO . 1 :07-CV-I636-TWT ORDER and OPINION Plaintiff, Joe Curtis Harris (GDOC Id. No . 317123), confined in Macon State Prison in Oglethorpe, Georgia, has filed this civil action without prepayment of the required filing fee . (Doc . No. 1 .) Plaintiff alleges that prison officials (1) were aware of the grievances he filed regarding disciplinary practices, inhumane treatment, and assaults in D. Ray James Prison ; (2) failed to take corrective measures ; (3) without due process, placed him in segregation where he was exposed to unsanitary conditions ; and, (4) thereafter, transferred him to Macon State Prison in retaliation for his having filed grievances . (Id . at 1-4 .) Plaintiff also alleges that, before the transfer, an officer "terroristically threatened [him] and discriminated against his religion in practice" by punitively ordering him to "strip[] naked in segregation ." (Id . at 3 .) Section § 1915(g) of Title 28 does not allow a prisoner to bring an in forma p=eris civil action in federal court "if the prisoner has, on 3 or more prior occasions, AO 72 A ( Rev. 8/82 ) Case 1:07-cv-01636-TWT Document 2 Filed 07/24/2007 Page 2 of 2 while incarcerated . . . , 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 ." When § 1915(g) does not allow a prisoner to proceed in forma au eris, the complaint should be dismissed without prejudice, and, a prisoner wishing to pursue his or her claims must refile the action with full payment of the filing fee. See Dupree v . Palmer, 284 F .3d 1234, 1236 ( 1 lth Cir . 2002) . Plaintiff, while incarcerated, has filed at least three civil actions that have been dismissed for failure to state a claim . See Harris v . Morton, 5 :06-CV-0035 (S .D. Ga. Jan . 17, 2007) ; Harris v . Fowler, 5 :06-CV-0066 (S .D . Ga . Nov . 27, 2006) ; Har ris v . Blake, 4 :98-CV-0212 (S .D. Ga. Nov. 25, 1998) . This Court has reviewed Plaintiff's pleadings and finds no allegation of an imminent threat of serious injury . Thus, Plaintiff may not proceed in forma pau peris, and this case is due to be dismissed . IT IS ORDERED that Plaintiff is DENIED in forma pau peris status . IT IS FURTHER ORDERED that the instant action is hereby DISMISSED WITHOUT PREJUDICE . IT IS SO ORDERED , this ~3 day of 2 007. THOMAS W. THRASH, JR . UNITED STATES DISTRICT JUDGE 2 AO 72A ( Rev , 8182)

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