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

Case 1:05-cv—00917-KAJ Document 2 Filed 01/20/2006 Paget of3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GBEKE MICHAEL AWALA, )
Plaintiff, ;
v. g Civ. No. 05-917-KAJ
U.S. MARSHAL ANDERSON, etal., g
Defendants. g
ORDER
Gbeke Michael Awala ("Awa|a"), Reg. #82074-054, tiled this action alleging
violations of his constitutional rights. Awala proceeds pro se, and is currently an inmate
at the Salem County Jail, Woodstown, New Jersey. At the time he tiled his complaint,
he did not file a request for leave to proceed in forma pauperis pursuant to 28 U.S.C. §
1915, although he Hled the complaint without prepayment ofthe $250.00 tiling fee. (D.I.
1). The court takes judicial notice that in every civil case Awala has tiled in this district,
including the case at bar, he has not paid a tiling fee. See Awala v. Koyste, Civ. No.
05-097-KAJ; Awala v. Federal Public Defender: Civ. No. 05-281-KAJ; Awala v.
Congress, Civ. No. 05-307-KAJ; Awala v. Federal Reserve Bank, Civ. No. 05-367-KAJ;
Awala v. U.S. Department of State international Child Abduction, Civ. No. 05-368-KAJ;
Awala v. State Of Delaware, Civ. No. 05-369-KAJ; Awala v. Stretton, Civ. No. 05-472-
KAJ; Awala v. Jordan,05-783-GMS; Awala v. Anderson, Civ. No. 05-917-KAJ; Awala v.
8 U.S.C. Section 1326, Civ. No. 06-012-KAJ. More so, exhibits Awala has tiled with
the court demonstrate that he has no funds to pay a tiling fee. Accordingly, the court
concludes that once again Awala is seeking in forma paupens status.

Case 1:05-cv—00917-KAJ Document 2 Filed 01/20/2006 Page 2 of 3
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 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 ofthe PLRA (i.e., April 26, 1996) is counted when 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 ru|e", when the prisoner is in
imminent danger of serious physical injury. A prisoner who is not proceeding in forma
pauperis may Hle a new civil action or appeal even if that prisoner has three or more
dismissals described in 28 U.S.C. 1915(g).
According to the records ofthe 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-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 First Amendment 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 Dep’t of Corrections, No. Civ.A. 05—2362FL\/ll
(D.N.J. Aug. 23, 2005); Awala v. Federal Pub. Defender, No. 05-CV-281-KAJ (D.Del.
Aug. 5, 2005).
Accordingly, Awala may not tile another civil action in forma pauperis while
incarcerated unless he is in "imminent danger of serious physical injury" at the time of

Case 1:05-cv—00917-KAJ Document 2 Filed 01/20/2006 Page 3 of 3
the filing of his complaint. 28 U.S.C. § 1915(g); Abdul-Akbar v. McKeIvie, 239 F.3d 307,
311 (3d Cir. 2001). Awala's complaint does not meet that standard.
Awala may not proceed in forma pauperis. He is given thirty (30) days from the
date of this order to pay the $250.00 tiling fee. If Awala does not pay the tiling fee
within that time, the complaint shall be dismissed pursuant to 28 U.S.C. § 1915(g).
Liu.; J- @5.-;,
DATED: //2;) 06, ummzp smres icr JUDGE