Judges: Patricia E. Campbell-Smith
Filed: Jul. 22, 2016
Latest Update: Mar. 03, 2020
Summary: Jf n tbe Wntteb ~tates 75 Fed. Cl. 584 , 585 (2007). As such, the court cannot hear plaintiffs complaint. 2 Also attached to plaintiffs complaint is a document labeled as a "Writ of Praecipe." ECF No. 3. The court construes that document to be an application to appear in forma pauperis (IFP Application). By filing such a document, plaintiff seeks to proceed without paying the court's filing fee. Id. Although the court is permitted to waive filing fees under certain circumstances, the court fin
Summary: Jf n tbe Wntteb ~tates 75 Fed. Cl. 584 , 585 (2007). As such, the court cannot hear plaintiffs complaint. 2 Also attached to plaintiffs complaint is a document labeled as a "Writ of Praecipe." ECF No. 3. The court construes that document to be an application to appear in forma pauperis (IFP Application). By filing such a document, plaintiff seeks to proceed without paying the court's filing fee. Id. Although the court is permitted to waive filing fees under certain circumstances, the court find..
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Jf n tbe Wntteb ~tates 75 Fed. Cl. 584,
585 (2007). As such, the court cannot hear plaintiffs complaint.
2
Also attached to plaintiffs complaint is a document labeled as a "Writ of Praecipe."
ECF No. 3. The court construes that document to be an application to appear in forma
pauperis (IFP Application). By filing such a document, plaintiff seeks to proceed without
paying the court's filing fee.
Id.
Although the court is permitted to waive filing fees under certain circumstances, the
court finds that plaintiffs history of filing frivolous, repetitive, and vexatious actions
weighs heavily against granting plaintiffs IFP application. See 28 U.S.C. § 1915(a)(l) and
(e); Neitzke v. Williams,
490 U.S. 319, 325 (1989) (defining when an action lacks an
arguable basis in law or fact). Furthermore, a prisoner who brings suit in a federal court is
subject to a limitation on proceeding in forma pauperis - a limitation commonly known as
the "three strikes rule."
In no event shall a prisoner bring a civil action or appeal a judgment in a civil
action or proceeding under this section ifthe prisoner has, on 3 or more prior
occasions, while incarcerated or detained in any facility, brought an action
or appeal in a court of the United States that was dismissed on the grounds
that it is frivolous, malicious, or fails to state a claim upon which relief may
be granted, unless the prisoner is under imminent danger of serious physical
mJury.
28 U.S.C. § 1915(g)(2012). 2 Plaintiff has plainly exceeded three strikes.
The IFP application is DENIED AS MOOT, and plaintiffs complaint
is DISMISSED as frivolous and as violative of the July 16, 2015 Judgment and
Commitment Order issued by the Northern District of Georgia. The Clerk of Court shall
enter judgment for defendant. No costs.
IT IS SO ORDERED.
ATRICIA E. CAMPBE
Chief Judge
A prisoner is defined as "any person incarcerated ... in any facility who is ...
convicted of, [and] sentenced for ... violations of criminal law." 28 U.S.C. § 1915(h).
3