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

Case 1 :07-cv-00061-GIVIS Document 6 Filed 02/08/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GBEKE MICHAEL AWALA, )
Plaintiff, l
v. g Civ. No. 07-61-GMS
CHIEF JUDGE SUE L. ROBINSON, j
et al., )
)
Defendants. )
ORDER
Plaintiff Gbeke Michael Awala ("Awala"), an inmate at the Moshannon Valley
Correctional Facility, Philipsburg, Pennsylvania, filed this action pursuant to 42 U.S.C. § 1983.
Awala proceeds pro se and has requested leave to proceed informa pauperis pursuant to 28
U.S.C. § 1915. (D.I. 1.)
The Prison Litigation Reform Act ("PLRA") provides that a prisoner cannot bring a new
civil action or appeal a judgment in a civil action informa pauperis if he has tluee 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). A case dismissed as frivolous prior to the enactment ofthe PLRA (i.e., April
26, 1996) is counted when applying the "three strikes n1le". 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. Also, a prisoner who is
not proceeding informa pauperis may file a new civil action or appeal even if that prisoner has

Case 1:07-cv—00061-Gl\/IS Document 6 Filed 02/08/2007 Page 2 of 3
three or more dismissals described in 28 U.S.C. 1915(g).
According to the records of the Federal Courts, while a prisoner Awala has filed at least
twenty civil actions in various federal courts. See Awala v. Delta Air Lines, No. 1:05-CV-2128-
J EC (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. Federal Public
Defender, No. 05-4341 (3d. Cir. Apr. 21, 2006); Awala v. Wachovia Corp., No. 05-3381 (3d.
Cir. Dec. 8, 2005); A wala v. People Who Want to Restrict Our First Amendment Rights, No. 05-
3863 (3d Cir. Dec. 8, 2005); Awala v. 8 US.C. § 1326, Civ. No. 06-012-KA] (D.Del. Mar. 17,
2006); Awala v. Stretton, No. 05-472-KAJ (D.Del. Mar. 3, 2006); Awala v. US. Congress, Civ.
No. 05-307-KAJ (D.Del. Dec. 15, 2005); Awala v. Delaware River and Bay Authority Police
Dep ’t, No. 05-97-KA] (D. Del. Dec. 15, 2005); Awala v. State ofNew Jersey Dep ’t of
Corrections, No. Civ.A. 05-2362FLW (D.N.J. Aug. 23, 2005).
As a result, Awala may not tile another civil action informa 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. § l915(g); Abdul—Akbar v. McKelvie, 239 F.3d 307, 311 (3d Cir. 2001).
His complaint does not meet that standard. Hence, he is not excused from the restrictions under
§ 1915(g), and he may not proceed informa pauperis.
THEREFORE, at Wilmington this _j‘i\day of Q , 2007, IT IS HEREBY
ORDERED that;
1. Awala’s motion for leave to proceed informa pauperis (D.I. 1) is DENIED.
2. Awala is given thirty (30) days from the date of this order to pay the $350.00
filing fee. If he does not pay the filing fee within that time, the complaint shall be dismissed
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Case 1:07-cv—00061-G|\/IS Document 6 Filed 02/08/2007 Page 3 0f 3
pursuant to 28 U.S.C. § l9l5(g).
UNIT ST ES D TRI JUDG
F I L E D
FIS E L--Y`?
us. msmucr ceunr
M2!- OF DELAWARE
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