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

Case 1 :06-cv—00742-GIVIS Document 4 Filed 02/08/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
BRUCE L. WAPLES, )
Plaintiff, )
v. g Civ. No. 06-742-GMS
MICHAEL MEGEE, LT. MILLMAN, and )
ROBERT GEORGE, )
Defendants. )
O R D E R
The plaintiff, Bruce L. Waples (“Waples"), SBI #170369, a pro se litigant who is
presently incarcerated, filed this action pursuant to 42 U.S.C. § 1983. Waples proceeds pro se
and has requested leave to proceed informa pauperis pursuant to 28 U.S.C. § 1915. (D.I. 1.)
Waples is currently an imnate at the Sussex Correctional Institution, Georgetown, Delaware.
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 paaperis if he or she 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). A case dismissed as frivolous prior to the enactment of the PLRA
(i.e., April 26, 1996) is counted when applying the "three strikes rule". Keener v. Pennsylvania
Bd. ofProbati0n & 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 forma 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).

Case 1:06-cv—00742-Gl\/IS Document 4 Filed 02/08/2007 Page 2 of 2
While incarcerated, Waples has filed at least three civil actions that were dismissed as
frivolous, malicious or for failure to state a claim upon which relief may be granted as follows:
Waples v. Kearney, C.A. No. 01-1822 (3d Cir. Feb. ll, 2002); Waples v. Kearney, Civ. No. 03-
722-GMS (D. Del. Mar. 29, 2005); Wap/es v. Kearney, Civ. No. 00-558-GMS (D. Del. June 20,
2003); Wap/es v. Kearney, Civ. No. 01-46-GMS (D. Del. Dec. 14, 2001). Accordingly, he may
not file another civil action informa pauperis while incarcerated unless he is in "imminent
danger of serious physical inju1y" at the time ofthe filing of his complaint. 28 U.S.C. § 19l5(g);
/lbdu/-Akbar v. McKelvie, 239 F.3d 307, 311 (3d Cir. 2001). Waples’ complaint does not meet
that standard.
IT IS THEREFORE ORDERED as follows:
1. The plaintiffs motion for leave to proceed informa pauperis (D.I. 1) is DENIED.
2. Waples is given thirty (30) days from the date of this order to pay the $350.00
filing fee. If Waples does not pay the filing fee within that time, the complaint shall be dismissed
pursuant to 28 U.S.C. § l9l5(g).
Fiji: L{ , 2007
Wilmington, Delaware
F I L E D
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