Terrell v. Schwall et al, No. 1:2010cv01728 - Document 3 (N.D. Ga. 2010)

Court Description: ORDER AND OPINION denying 2 Affidavit and Authorization for withdrawal from Inmate Account filed by Willie James Terrell; this case is Dismissed Without Prejudice. Signed by Judge Thomas W. Thrash, Jr on 7/5/10. (dr)
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Terrell v. Schwall et al Doc. 3 IN THE UNITED STATES DISTRICT COURT JUt 920/0 FOR THE NORTHERN DISTRICT OF GEORGIAJA"~nN.HATT ATLANTA DIVISION BY~/,IEN,clark 7 WILLIE JAMES TERRELL, JR., Inmate No. 893844, Plaintiff, v. Deputy CI rk : PRISONER CIVIL RIGHTS 42 U.S.c. § 1983 CIVIL ACTION NO. 1: 10-CV-I728-TWT CRAIG L. SCHWALL; et aI., Defendants. ORDER AND OPINION Plaintiff seeks leave to file the instant civil rights action without paying the $350.00 filing fee. According to Subsection (g) of28 U.S.C. § 1915, a prisoner is prohibited from bringing a civil action in federal court in forma pauperis "ifthe 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." This Court's records indicate that Plaintiff has filed numerous complaints and appeals, the following ofwhich were dismissed prior to service ofprocess as frivolous: Terrell v. Grady Mem'l Hosp., Civil Action No. 1:08-CV-3931-TWT AO 72A (Rev.8/82) Dockets.Justia.com (N.D. Ga.); Terrell v. Fulton County, Civil Action No.1 :09-CV-513-TWT (N.D. Ga.); and Terrell v. Grady Mem'l Hosp., Appeal No. 09-130nOD (lith Cir.). Furthermore, Plaintiff complains, inter alia, about alleged medical inadequacies that occurred in 2008. This Court finds that there is no indication that Plaintiffis "under imminent danger of serious physical injury." Accordingly, leave for Plaintiff to proceed in forma pauperis in the above-referenced action is hereby DENIED. According to the Eleventh Circuit, "the proper procedure is for the district court to dismiss the complaint without prejudice when it denies the prisoner leave to proceed in forma pauperis pursuant to the three strikes provision of § 1915(g). The prisoner ... must pay the filing fee at the time he initiates the suit." Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002). IT IS THEREFORE ORDERED that the instant action IS DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED this L day of~(~ ,2010. THOMAS W. THRASH, JR. UNITED STATES DISTRICT JUDGE 2 A072A (Rev.8/82) hereby