Terrell v. City of Atlanta et al, No. 1:2010cv01844 - Document 2 (N.D. Ga. 2010)

Court Description: ORDER AND OPINION denying leave to proceed IFP, dismissing case without prejudice. Signed by Judge Thomas W. Thrash, Jr on 7/9/10. (dr)
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Terrell v. City of Atlanta et al Doc. 2 h~/l.12 DC IAj . '7Q"".I/ lJ. ~ IN THE UNITED STATES DISTRICT COURT", JtJ{ FOR THE NORTHERN DISTRICT OF GEOR&L~"" ¬'SAj ATLANTA DIVISION d~- Z1.1( l'Z.l/""S12 'Ii.l/ . Q .1/ f) SIj 'S fI'll]f'l 1010 'Ii. -;;;l:Aj ~7 WILLIE JAMES TERRELL, JR., Inmate No. 893844, Plaintiff, v. ' 'Clerk Deo,,1y Olero\­ PRISONER CIVIL RIGHTS 42 U.S.C. § 1983 CIVIL ACTION NO. 1: 10-CV-1844-TWT CITY OF ATLANTA; 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 of which were dismissed prior to service ofprocess as frivolous: Terrell v. Grady Mem'l Hosp., Civil Action No.1 :08-CV-3931-TWT A072A (Rev.8/82) Dockets.Justia.com (N.D. Ga.); Terrell v. Fulton County, Civil Action No. I :09-CY-513-TWT (N.D. Ga.); and Terrell v. Grady Mem'l Hosp., Appeal No. 09-130770D (11th Cir.). Furthermore, this Court finds no indication that Plaintiff is "under imminent danger of serious physical injury." Accordingly, leave for Plaintiffto proceed in forma pauperis 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 (11 th Cir. 2002). IT IS THEREFORE ORDERED that the instant action I IS DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED this:L day o f H - ,2010. THOMAS W. THRASH, JR. UNITED STATES DISTRICT JUDGE 2 A072A (Rev.8/82) hereby