Free Memorandum and Order - District Court of Delaware - Delaware

Case 1:07—cv—00750-GI\/IS Document 5 Filed 12/06/2007 Page1 of4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GBEKE MICHAEL AWALA, :
Plaintiff, ;
v. ; Civ. No. 07—750—***—MTP
JUSTICE SAMUEL ALITO, JR., Z
et al., :
Defendants. ;
MEMORANDUM ORDER
At Wilmington this L7 day of December, 2007;
IT IS ORDERED that Plaintiff’s Application To Proceed
Without Prepayment Of Fees (D.I. 2) is DENIED, for the reasons —
that follow:
1. Background. Plaintiff Gbeke Michael Awala (“Awala”), an
inmate at the U.S. Penitentiary Canaan, Waymart, Pennsylvania,
filed this action pursuant to 42 U.S.C. § 1983 and 28 U.S.C. §
1331 alleging violations of his constitutional rights. Plaintiff
proceeds pro sg. Plaintiff filed a financial affidavit which the
Court construes as an application to proceed without prepayment
of fees. (D.I. 2.) Plaintiff is a frequent filer in this
district.
2. Motion to Proceed In Egrgg Pauperis. 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 fgrma pauperis if he has three or more times in the past, h

Case 1:07—cv—00750-GI\/IS Document 5 Filed 12/06/2007 Page 2 of 4
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. 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
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.
i9i5(g).
3. According to the United States Party/Case Index for the
Federal Courts, to date, and while a prisoner, Plaintiff 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 Plaintiff'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.
4. The cases dismissed as frivolous, malicious, or for
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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
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
Carp., 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); Awala
v. State of New Jersey Dep't of Corr., C.A. No. 05-2362FLW
I (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, Plaintiff
may not file another civil action ia 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).
5. Plaintiff's Complaint does not meet that standard.
Rather, the Complaint complains of actions taken by a U.S.
senator, justices of the U.S. Supreme Court, appellate judges,
district court judges, and a clerk of court all in relation to
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Plaintiff’s quest, in a criminal action brought against him, to
prove that he is a U.S. citizen and not an alien. Hence,
Plaintiff is not excused from the restrictions under § l9l5(g),
he may not proceed in forma pauperis and, therefore, his
application to proceed without prepayment of fees will be denied.
6. Conclusion. Based upon the foregoing analysis, the
Application To Proceed Without Prepayment Of Fees (D.I. 2) is
DENIED. Plaintiff is given thirty (30) days from the date of
this Order to pay the $350.00 filing fee. If Plaintiff does not
pay the filing fee within that time, the Complaint shall be
dismissed and the case CLOSED pursuant to 28 U.S.C. § 1915(g).
UNI€%D S` T DISTRICT J DGE
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