Beasley v. United States of America, No. 3:2019cv00361 - Document 6 (E.D. Tenn. 2019)
Court Description: MEMORANDUM AND OPINION as set forth in following order. Signed by District Judge Pamela L Reeves on 10/25/19. (c/m to Antonio J. Beasley #40918-074, COLEMAN USP I, Federal Correctional Institution, Inmate Mail/Parcels, P.O. BOX 1033, Coleman, FL 33521)(ABF)
Download PDF
<![CDATA[
Beasley v. United States of America Doc. 6 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE ANTONIO J. BEASLEY, Plaintiff, v. UNITED STATES OF Defendant. AMERICA, ) ) ) ) ) ) ) ) ) No.: 3:19-CV-00361 REEVES/GUYTON MEMORANDUM OPINION Plaintiff, a federal prisoner confined in the United States Penitentiary in Coleman, Florida, has filed a complaint for violation of his civil rights pursuant to 42 U.S.C. § 1983 against the United States of America based on his allegation that a Court in this District improperly sentenced him as a career offender based on a presentence report that wrongly listed a charge for which Plaintiff was never convicted as a conviction [Doc. 1]. For the reasons set forth below, Plaintiff’s motion for leave to proceed in forma pauperis [Doc. 4] will be DENIED and this action will be DISMISSED without prejudice to Plaintiff prepaying the filing fee. Section 1915(g) of the Prison Litigation Reform Act of 1996 (“PLRA”) provides as follows: In no event shall a prisoner bring a civil action [in forma pauperis] . . . if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action . . . 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.” 28 U.S.C. § 1915(g). Dockets.Justia.com Prior to filing his complaint in this case, Plaintiff had filed more than three civil rights actions while he was incarcerated that a district court dismissed for failure to state a claim. See Beasley v. Poole, et al., No. 1:11-CV-063 (E.D. Tenn. July 11, 2011) (complaint dismissed for failure to state a claim); Beasley v. Gooden, 1:17-CV-1451 (N.D. Ga. Aug. 17, 2017) (complaint dismissed for failure to state a claim); Beasley v. Tolliver, 1:17-CV-1510 (N.D. Ga. Aug, 17, 2017) complaint dismissed for failure to state a claim); Beasley v. Newbold, 1:17-CV-1511 (N.D. Ga. Aug. 17, 2017) (complaint dismissed for failure to state a claim). Nothing in Plaintiff’s complaint [Doc. 1] suggests that Plaintiff was in imminent danger of serious physical injury at the time he filed this lawsuit. Accordingly: (1) Plaintiff must prepay the entire $400.00 filing fee to proceed in this action; (2) Plaintiff’s motion for leave to proceed in forma pauperis [Doc. 4] will be DENIED; (3) This action will be DISMISSED without prejudice to Plaintiff prepaying the filing fee pursuant to the three-strike rule of 28 U.S.C. § 1915(g); and (4) The Court CERTIFIES that any appeal from this action would not be taken in good faith and would be totally frivolous. AN APPROPRIATE ORDER WILL ENTER. ENTER: ___________________________________________ CHIEF UNITED STATES DISTRICT JUDGE 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
