Free Order (PLRA) Three Strikes - District Court of Delaware - Delaware

Case 1:07-cv-00413-JJF—IV|PT Document 6 Filed 07/17/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ROBERT V. GADSON, :
Plaintiff, :
v. : Civ. Action No. 07-413-***
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Defendants. :
O R D E R
Plaintiff, Robert B. Gadson, an inmate at Federal Medical
Center—Devens, Ayer, Massachusetts, filed this action on June 25,
2007. He proceeds pro se and has requested leave to proceed in
forma pauperis pursuant to 28 U.S.C. § 1915. (D.I. I.)
The Prison Litigation Reform Act (“PLRA”) provides that a
prisoner cannot bring a new civil action or appeal a judgment in
a civil action in forma pauperis if he has three or more times in
the past, while incarcerated, brought a civil action or appeal in
federal court that was dismissed as frivolous, malicious, or for
failure to state a claim upon which relief may be granted. 28
U.S.C. § I9I5(g). A case dismissed as frivolous prior to the
enactment of the PLRA (i.e., April 26, 1996) is counted when

Case 1:07-cv-00413-JJF—IV|PT Document 6 Filed 07/17/2007 Page 2 of 3
applying the "three strikes rule". Keener v. Pennsylvania Bd. of
Probation & Parole, 128 F.3d 143 (3d Cir. 1997). An exception is
made to the “three strikes rule", when the prisoner is in
imminent danger of serious physical injury. A prisoner who is
not proceeding in fgrma pauperis may file a new civil action or
appeal even if that prisoner has three or more dismissals
described in 28 U.S.C. 1915(g).
Plaintiff, while incarcerated, has filed more than three
civil actions that have been dismissed as frivolous or for
failure to state a claim upon which relief may be-granted:
Gadson v. STEPA Personnel Dir., No. 89-152, 1989 WL 3485 (E.D.
Pa. Jan. 12, 1989); Gadson v. Small Bus. Admin., No. 02-1964 (D.
D.C. dismissed Oct. 4, 2002); Gadson v. Federal Reserve Bank, No.
99-866 (N.D. Ga. dismissed May 14, 1999); Gadson v. Las Vegas
Boxing Comm'n, No. 99-297 (N.D. Ga. dismissed May 3, 1999);
Gadson v. World Bank, No. 97-1419 (N.D. Ga. dismissed October 24,
1997); Gadson v. Bureau of Prisons, No. 93-378 (D. D.C. dismissed
Feb. 22, 1993); Gadson v. Rangel, No. 92-2672 (D. D.C. dismissed
Nov. 30, 1992); and Gadson v. United States of America, No. 90-
1654 (D. S.C. dismissed May 13, 1992). Therefore, Plaintiff may
not file another civil action ih fggma pauperis while
incarcerated unless he is in "imminent danger of serious physical
injury" at the time of the filing of his complaint. 28 U.S.C. §
1915(g); Abdul-Akbar v. McKelvie, 239 F.3d 307, 311 (3d Cir.
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Case 1:07-cv-00413-JJF—IV|PT Document 6 Filed 07/17/2007 Page 3 of 3
2001). His Complaint does not meet that standard. He is not
excused from the restrictions under § 1915(g), and he may not
proceed in fggma pauperis.
THEREFORE, at Wilmington this Anim day of July, 2007, IT IS
HEREBY ORDERED that:
1. Plaintiff's Motion for Leave to Proceed in Egrma
Pauperis (D.I. 1) is DENIED.
2. Plaintiff is given thirty (30) days from the date of
this order to pay the $350.00 filing fee. If Plaintiff does not
pay the filing fee within that time, the Complaint shall be
dismissed pursuant to 28 U.S.C. § 1915(g).
IT D S A DISTRI JUDGE
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