IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GBEKE MICHAEL AVI/ALA, )
Plaintiff, g
v. g Civ. N0. 06-012—l
PATROL ACT OF CONGRESS, and )
U.S. CONSTITUTION, )
Defendants. g
oRpER
Plaintiff Gbeke I\/lichael Awala ("Awala"), Reg. #82074-054, filed this action over
the federal prosecutorial policy regarding reentry of removed aliens under 8 U.S.C. §
1326. Awala proceeds pro se and requests leave to proceed in forma pauperis
pursuant to 28 U.S.C. § 1915. (D.I. 1, 2) Awala is currently an inmate at the Salem
County Jail, Woodstown, New Jersey.
Under 28 U.S.C. § 1915(g), a prisoner cannot bring a new civil action or appeal a
judgment in a civil action in forma pauperis if he or she has three or more times inthe
past, while incarcerated, brought a civil action or appeal in federal court that was
dismissed because it was frivolous, malicious, or failed to state a claim upon which
relief may be granted. The only exception to this is if the prisoner is in imminent danger
of serious physical injury. A prisoner who is not proceeding informa 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).
Regardless of whether a prisoner proceeds in forma pauperis in a civil case, if at
1
Case 1:06-cv—00012-KAJ Document 3 Filed 01/19/2006 Page 2 of 3
any time the prisoner's case is dismissed as frivolous or malicious, or for failure to state
a claim upon which relief may be granted, the dismissal will count against the prisoner
for purposes of the three-dismissal rule in 28 U.S.C. § 1915(g). In Keener v.
Pennsylvania Bd. of Probation 8. Parole, 128 F.3d 143 (3d Cir. 1997), the Court held
that dismissal as frivolous prior to the Prisoner Litigation Reform Act’s enactment count
towards the "three strikes" rule.
According to court records, Avvala has filed, while a prisoner, at least twenty civil
actions in various federal courts. See 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:
Awala v. Wachovia Corp., No. 05-3381 (3d. Cir. Dec. 8, 2005); Awala v. People Who
Want to Restrict Our Firstiflmendment Rights, No. 05-3863 (3d Cir. Dec. 8, 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 Dept of Corrections, No. Civ.A. 05-2362FLW
(D.N.J. Aug. 23, 2005); Awala v. Federal Pub. Defender, No. 05-CV-281-KA.) (D.Del.
Aug. 5, 2005).
Therefore, Awala may not file another civil action in forma pauperis while
incarcerated unless he is in "imminent danger of serious physical injury." 28 U.S.C. §
1915(g). His complaint does not meet that standard.
The motion for leave to proceed in forma pauperis (D.I. 1) is DENIED. I-lowever,
Awala is given thirty (30) days from the date of this order to pay the $250.00 filing fee.
2
Case 1:06-cv—00012-KAJ Document 3 Filed 01/19/2006 Page 3 of 3
lf Awala does not pay the filing fee within that time, the complaint shall be dismissed
pursuant to 28 U.S.C. § 1915(g).
$N|T%D STATES Dl JUDGE
January 19, 2005
Wilmington, Delaware
3
United States Free Forms
Canada Free Forms
United Kingdom Free Forms
Australia Free Forms