Maxwell v. Corrections Corporation of America et al, No. 4:2008cv02075 - Document 3 (N.D. Ohio 2008)

Court Description: Memorandum Opinion and Order: This action is dismissed without prejudice. Judge Peter C. Economus on 10/30/08. (BR,S)

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Maxwell v. Corrections Corporation of America et al Doc. 3 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO LLOYD GEORGE MAXWELL, ) ) Plaintiff, ) ) v. ) ) CORRECTIONS CORPORATION OF AMERICA,) et al., ) ) Defendants. ) On August 28, 2008, CASE NO. 4:08 CV 2075 JUDGE PETER C. ECONOMUS MEMORANDUM OF OPINION AND ORDER plaintiff pro se Lloyd George Maxwell, an inmate at the Northeast Ohio Correctional Center (NEOCC), filed this civil rights action against the Corrections Corporation of America, Northeast Ohio Correctional Center, and “Urine Sample Gathering Officer.” in forma pauperis. Plaintiff requests to proceed For the reasons stated below, this action is dismissed without prejudice. A prisoner may not bring a civil action or appeal a judgment in a civil action in forma pauperis if, on three or more prior occasions, he brought an action or appeal in a court of the United States that was dismissed on the grounds that it was frivolous, malicious or failed to state a claim upon which relief may be granted. 28 U.S.C. § 1915(g). Maxwell has on at least five occasions filed a civil Dockets.Justia.com action failing to state a claim in this court. See, Maxwell v. United States, 4:07 CV 2851; Maxwell v. United States, No. 4:07 CV 2472; Maxwell v. United States, No. 4:06 CV 2146; Maxwell v. United States, 4:05 CV 974; Maxwell v. Federal Correctional Institution, 4:01 CV 2879. Thus, as the complaint in the instant action does not contain allegations reasonably suggesting he is in imminent danger of serious physical injury, he may not proceed in forma pauperis. Accordingly, this action is dismissed without prejudice. The court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith. IT IS SO ORDERED. S/Peter C. Economus - 10/30/08 PETER C. ECONOMUS UNITED STATES DISTRICT JUDGE 2

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