Free Order on Motion for Leave to Proceed in forma pauperis - District Court of Delaware - Delaware

Case 1:07-cv—00110-SLR Document 9 Filed 05/30/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GBEKE MICHAEL AWALA, )
Plaintiff, g
v. g Civ. Action No. 07-110-SLR
U. S. AT`I"ORNEY'S OFFICE g
DELAWARE, etal., )
Defendants. g
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The plaintiff, Gbeke Awala ("AwaIa"), filed a civil rights action pursuant to 42
U.S.C. § 1983 without prepayment ofthe filing fee. On March 13. 2007, the U.S.
Magistrate Judge entered an order denying plaintiffs application for leave to proceed in
forma pauperis because plaintiff had three prior suits dismissed as frivolous or for
failure to state a claim upon which relief may be granted, and the instant complaint
does not allege an imminent threat of physical injury. (D.l. 6) A motion for
reconsideration was also denied. (D.l. 8) The court has concerns denial of a motion to
proceed in forma pauperis is the equivalent of an involuntary dismissal and outside the
scope of a magistrate judge's authority. S5 Lister v. Department of the Treasugg, 408
F.3d 1309 (10*** Cir. 2005).
THEREFORE, at \MImington thisé_l.i*_~day of May, 2007, IT IS HEREBY
ORDERED that the March 13, 2007 order (D.l. 6) denying plaintiffs application to
proceed in forma pauperis and the May 10, 2007 order (D.I. 8) denying the motion for
reconsideration are vacated.
IT IS FURTHER ORDERED that:

Case 1:07-cv—00110-SLR Document 9 Filed 05/30/2007 Page 2 of 3
1. Plaintiffs application to proceed in forma pauperls pursuant to 28 U.S.C. §
1915 is denied (D.l. 1) and plaintiffs motion for reconsideration is denied as moot (D.l.
7). According to the records of the Federal Courts, while a prisonerthe plaintiff has
filed at least twenty civil actions in various federal courts. _S@_e Awala v. Delta Air Lines,
No. 1:05-CV-2128-JEC (N.D.Ga. Aug. 31, 2005). More than three of these cases were
dismissed as frivolous or for failure to state a claim upon which relief may be granted,
as follows: Awala v. New Jersery Dep’t of Corr., No. 05-4899 (3d Cir. Jan. 31, 2007);
Awala v. Regional Office Bureau of Prisons, No. 05-5169 (3d Cir. June 5, 2006); Aiygg
v. Federal Pub. Defender, No. 05-4341 (3d Cir. Apr. 21, 2006); Awala v. Wachovia
gqg, No. 05-3381 (3d. Cir. Dec. 8, 2005); Awala v. Peogle Who Want to Restrict Our
First Amendment Rights, No. 05-3863 (3d Cir. Dec. 8, 2005); Awala v. 8 U.S.C. § 1326,
Civ. No. 06-012-KAJ (D. Del. Mar. 17, 2006); Awala v. U.S. Congress, Civ. No. 05-307-
KAJ (D. Del. Dec. 15, 2005); Awala v. Delaware River and Bay Auth. Police Dep’t, No.
05-97-KAJ (D. Del. Dec. 15, 2005); Awala v. State of New Jersey Deg‘t of Corrections,
No. Civ.A. 05-2362FLW (D.N.J. Aug. 23, 2005); Awala v. Federal Pub. Defender, No.
05-CV-281-KAJ (D. Del. Aug. 5, 2005).
2. 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 pauperls 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. § 1915(g). An exception is made to the
"three strikes rule" when the prisoner is in imminent danger of serious physical injury" at
the time ofthe filing of his complaint. 28 U.S.C. § 1915(g); Abdul-Akbar v. McKelvie,
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Case 1:07-cv-00110-SLR Document 9 Filed 05/30/2007 Page 3 of 3
239 F.3d 307, 311 (3d Cir. 2001). His complaint does not meet that standard.
IT IS FURTHER ORDERED that Awala is given thirty (30) days from the date of
this order to pay the $350.00 tiling fee. If he does not pay the filing fee within that time,
the complaint shall be dismissed pursuant to 28 U.S.C. § 1915(g).
UNITED ST/Wg DISTRICT JUDGE
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