Myahid v. Brown et al, No. 1:2010cv03849 - Document 4 (N.D. Ga. 2010)

Court Description: ORDER AND OPINION that the Clerk adjust the docket to show Plaintiff as Prince Abd Al-Hakim Mujahid aka Kim Little; denying in forma pauperis status and this case is hereby DISMISSED WITHOUT PREJUDICE. Further denying as moot 3 Motion to Appoint Counsel. Signed by Judge Thomas W. Thrash, Jr on 12/1/10. (dr)
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Myahid v. Brown et al Doc. 4 [-rU,[) ;N CHAMBER THOMAS W. THRASH J u. S. D. C. Atlanta IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF By ATLANTA DIVISION PRINCE ABD AL­HAKIM MUJAHID, a.k.a., Kim Little, Plaintiff, 12010 N, HADEN, Cler iJ.,1IV'// Deputy lerk PRISONER CIVIL RIGHTS 42 U.S.C. § 1983 v. SHERIFF THOMAS BROWN, et a!., Defendants. CIVIL ACTION NO. 1 10­CV­3849­TWT : ORDER and OPINION Plaintiff, Prince Abd AI­Hakim Mujahid, confined in the DeKalb County Jail, in Decatur, Georgia, seeks to file this civil rights action without prepayment of the filing fee. (Doc. Nos. 1, 2.) It is apparent that Plaintiff is Kim Little, a.k.a. Prince Mujahid, who previously has filed actions in this Court. l The Clerk of Court is DIRECTED to adjust the docket to show Plaintiff s Prince Abd AI­Hakim Mujahid, a a.k.a., Kim Little. 2 Plaintiffs ID number is 411225, and he previously has filed an action in which he identified himself as Prince Abd Mujahid and Kim Little. (See Doc. No.2, Attach.); Little v. U.S. Attorney Gen., 1:10­CV­0553­TWT (N.D. Ga. March 26, 2010) (J.D. Number 411225, DeKalb County Jail). I 2 Plaintiffs last name is Mujahid. (Doc. No.1 ,­r III; Doc. No.2, Attach.) A072A (Rev,8/82) Dockets.Justia.com Plaintitlbrings this action against SheriffThomas Brown, Dr. Brickhouse, and Oftlcer McLaurin and complains that (1) he has experienced diftlculty in obtaining legal forms, (2) he has experienced suicidal tendencies due to jail conditions 3 and was placed on suicide watch, (3) he was denied his mental health medication for three months after his arrest, and (4) in July 20 10 he was attacked by another inmate, who has not been prosecuted. (Doc. No. I III, IV and Attach. (A).) Plaintiff c ontends that he has established imminent danger, which still exists. (Id., Attach. (B).) Section § 19l5(g) of Title 28 does not allow a prisoner to bring an in forma pauperis civil action in federal court "ifthe prisoner has, on 3 or more prior occasions, while incarcerated ... , brought an action or appeal in a court ofthe 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 pauperis, 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 (l1th Cir. 2002). It appears that those conditions include the denial of mental health medications for three months, the attack by another inmate, and difficulty obtaining legal forms. 2 AO 72A (Rev.BIB2) Plaintiff, while incarcerated, has filed at least three eivil actions that have been O dismissed as frivolous, malicious, or for failure to state a claim. Little, I; 1 ­CV­0553TWT (listing cases). Here, although Plaintiff became suicidal, he was placed on suicide watch. Although Plaintiff lleges that he went without certain medications for a a time, there is no indication that he currently is being denied medications or is in imminent danger based on his medication needs. Further the attack by the other inmate occurred approximately four months ago, and does not show that Plaintiff is in imminent danger. On review of Plaintiffs allegations, the Court perceives no imminent threat of serious injury to Plaintiff, and this case is due to be dismissed. IT IS ORDERED that Plaintiff is DENIED in forma pauperis status and that the instant action is hereby DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that Plaintiffs motion for appointment of counsel (Doc. No.3) is DENIED as moot. IT IS SO ORDERED, this _,<---- day of ,2010. THOMAS W. THRASH, JR. UNITED STATES DISTRICT JUDGE 3 A072A (Rev.8J82)