Terrell v. Schwall et al, No. 1:2010cv03016 - 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, Jr.; this case is DISMISSED WITHOUT PREJUDICE. Signed by Judge Thomas W. Thrash, Jr on 11/10/10. (dr)
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Terrell v. Schwall et al Doc. 3 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHER.:." DISTRICT OF ATLANTA DIVISION WILLIE JAMES TERRELL, JR., Booking No. 0610258, Plaintiff: v. " i':OY () 2010 HATTEN. Clerk Clerk PRISONER CIVIL RIGHTS 42 U.S.c. § 1983 CIVIL ACTION NO. 1:10-CV-3015-TWT ATLANTA JUDICIAL CIRCUIT; et aI., Defendants . . WILLIE JAMES TERRELL, •• Booking No. 0610258, Plaintiff, PRISONER CIVIL RIGHTS 42 U.S.C. § 1983 CIVIL ACTION NO. I :lO-CV-3016-TWT v. CRAIG L. SCHWALL, et aI., Defendants. 'i r ORDER AND OPINION Plaintiff seeks leave to file these civil rights actions 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 A072A (Rev.Sla2) Dockets.Justia.com 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. I :08-CV-3931-TWT (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. 09-130770D (lIth Cir.). Furthennore, this Court finds no indication that Plaintiff is "under imminent danger of serious physical injury."[ Accordingly, leave for Plaintiff to proceed in forma pauperis in both of the above-referenced actions is hereby DENIED. According to the Eleventh Circuit, "the proper procedure is for the district I court to dismiss the complaint without prejudice when it denies the prisoner leave I Plaintiffs claim in Terrell v. Schwall, Civil Action No. 1:1O-CV-3016TWT that he was assaulted by police officers in the past is not sufficient to constitute imminent danger. See See Medberry v. Butler, 185 F.3d 1189, 1193 (lIth Cir. 1999) ("[A] prisoner's allegation that he faced imminent danger sometime in the past is an insufficient basis to allow him to proceed in forma pauperis pursuant to the imminent danger exception to the statute. "); Abdul-Akbar v. McKelvie, 239 F.3d 307, 315 (3d Cir. 2001) (stating that past danger is not imminent). I 2 A072A (Rev.8182) to proceed in fonna 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 (] ] th Cir. 2002). IT IS THEREFORE ORDERED that the instant actions are hereby DISMISSED WITHOL'T PREJUDICE. IT IS SO ORDERED this ill. day of 7'Jf1'V'! ,20] O. THOMAS W. THRASH, JR. l.}NlTED STATES DISTRICT JUDGE 3 AO 72A (Rev.8I82)