Free Order Denying IFP - District Court of Delaware - Delaware

Case 1:O8—cv—O0147-JJF Document 3 Filed 04/29/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GBEKE AWALA, et al., :
Plaintiffs, E
v. E Civ. Action No. 08-147-JJF
CHIEF JUDGE KIMBA M. WOOD, Z
et al., :
Defendants. ;
MEMORANDUM ORDER
At Wilmington this ;;;(day of April, 2008;
IT IS ORDERED that Plaintiff is denied leave to proceed fo
forma oauperis, for the reasons that follow:
The plaintiff, Gbeke Awala (“Awala”), an inmate at the U.S.
Penitentiary Canaan, Waymart, Pennsylvania, along with two other
Plaintiffs, filed this action pursuant to 42 U.S.C. § 1983
alleging violations of Awala's constitutional rights. Awala is a
frequent filer in this District and in the past has requested
leave to proceed fo forma pauperis pursuant to 28 U.S.C. § 1915.
Awala did not submit the required $350.00 filing fee and the
Court presumes he again seeks fo forma oauoeris status.
The Prison Litigation Reform Act (“PLRA") provides that a
prisoner cannot bring a new civil action or appeal a judgment in
a civil action fo forma pauperis 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

Case 1:O8—cv—OO147-JJF Document 3 Filed O4/29/2008 Page 2 of 4
failure to state a claim upon which relief may be granted. 28
U.S.C. § l9l5(g). A case dismissed as frivolous prior to the
enactment of the PLRA (i.e., April 26, l996) is counted when
applying the "three strikes rule". Keener v. Pennsylvania Bd. of
Probation & Parole, l28 F.3d 143 (3d Cir. l997). 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 in fggmg pauperis may file a new civil action or
appeal even if that prisoner has three or more dismissals
described in 28 U.S.C. l9l5(g).
According to the United States Party/Case Index for the
Federal Courts, to date, and while a prisoner, Awala has filed
over ninety civil actions in various federal district courts
across the country, and at least fifty appeals in various federal
appellate courts across the country. Many of those cases have
been dismissed as frivolous or for failure to state a claim upon
which relief may be granted, while others have been dismissed for
Awala’s failure to pay the filing fee due to his status of filing
more than three cases that were frivolous, malicious, or failed
to state a claim upon which relief may be granted.
The cases dismissed as frivolous, malicious, or for failure
to state a claim upon which relief may be granted, are as
follows: Awala v. New Jersey Dep’t of Corr., No. 05-4899 (3d
-2-

Case 1:08—cv—00147-JJF Document 3 Filed 04/29/2008 Page 3 of 4
Cir. Jan. 31, 2007); Awala v. Regional Office Bureau of Prisons,
No. 05-5169 (3d Cir. June 5, 2006); Awala v. Federal Pub.
Defender, No. 05-4341 (3d Cir. Apr. 21, 2006); Awala v. Wachovia
Qgrpg, 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. 8 U.S.C. § 1326, C.A. No. 06-012-KAJ (D.
Del. Mar. 17, 2006); Awala v. Stretton, C.A. No. 05-472-KAJ (D.
Del. Mar. 3, 2006); Awala v. U.S. Congress, C.A. No. 05-307-KAJ
(D. Del. Dec. 15, 2005); Awala v. Delaware River and Bay Auth.
Police Dep’t, C.A. No. 05-97-KAJ (D. Del. Dec. 15, 2005); Awglg
v. State of New Jersey Dep’t of Corr., C.A. No. 05-2362FLW
(D.N.J. Aug. 23, 2005); and Awala v. Federal Pub. Defender, C.A.
No. 05-CV-281-KAJ (D. Del. Aug. 5, 2005). As a result, Awala may
not file another civil action in fgrma pauperis while
incarcerated unless he was in “imminent danger of serious
physical injury” at the time of the filing of his complaint. 28
U.S.C. § 1915(g); Abdul-Akbar v. McKelvie, 239 F.3d 307, 311 (3d
Cir. 2001). His Complaint does not meet that standard. Hence,
Awala is not excused from the restrictions under § 1915(g), he
may not proceed in fgrmg pauperis.
Based upon the foregoing analysis, Awala shall, within
thirty (30) days from the date of this Order, pay the $350.00
filing fee. If Awala does not pay the filing fee within that
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Case 1:O8—cv—OO147-JJF Document 3 Filed O4/29/2008 Page 4 of 4
time, the Complaint shall be dismissed and the case closed
pursuant to 28 U.S.C. § l9l5(g).
’ I
Q"!-lu A- A- 4
UN D s Yu ? o1sTR1c UDGE
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