ROSEMARY M. COLLYER, District Judge.
This matter is before the Court on Plaintiff's Motion Seeking Relief from Administrative Segregation and Defendants' Motion to Reconsider the Order Granting Plaintiff's Motion for Leave to Proceed In Forma Pauperis. The Court will deny the former and grant the latter.
Since August 12, 2010, Plaintiff has been detained at the Correctional Treatment Facility ("CTF"), which is operated by the Corrections Corporation of America ("CCA"). Pl.'s Mot. [Dkt. # 28] ¶ 1. CCA officials have designated Plaintiff a "high custody" detainee and placed in him administrative segregation. See id.; Defendants Corrections Corporation of America and Officer Williams's Response to Plaintiff's Motion to be Released from Administrative Custody ("Defs.' Opp'n") [Dkt. # 31], Ex. 2 (Initial Internal Custody Classification) at 2. Because he is confined to a wheelchair, Plaintiff has been placed in the CTF's medical unit. Defs.' Opp'n at 3.
According to Plaintiff, he has been denied recreation, soap, showers, and opportunities to attend religious services. Pl.'s Mot. ¶¶ 1-2. In addition, he allegedly has been denied access to the law library, making it "next to impossible to respond properly to defendant's" pending motion to dismiss.
Defendants represent that although Plaintiff "receives one hour of recreation every day ... [he sometimes] does not want to go" when the medical officer offers him recreation. Id., Ex. 5 (Points Aff.) ¶ 4. He receives two bars of soap each week, although he was once denied soap when "a cell search revealed that he was hoarding soap and shampoo in his cell." Id. ¶ 5. Because he is in segregation, Plaintiff "cannot ... attend group worship" services although he can, but has not, "asked for any religious items or made any requests with respect to his practice of religion." Id. ¶ 6. "As with all other segregation inmates, [Plaintiffs] legal access is accomplished through requests to the law librarian," but it does not appear that Plaintiff has requested legal materials. Id.
The Court has reviewed the parties' submissions and concludes that Plaintiff fails to demonstrate a violation of his constitutionally protected rights. A prisoner has no constitutionally protected interest in his place of confinement or security classification. See Olim v. Wakinekona, 461 U.S. 238, 245, 103 S.Ct. 1741, 75 L.Ed.2d 813 (1983) (holding that a prisoner has no constitutionally protected interest in the place of his confinement); Meachum v. Fano, 427 U.S. 215, 225, 96 S.Ct. 2532, 49 L.Ed.2d 451 (1976) (finding that prisoner's liberty interest is not implicated by his transfer from a medium to a maximum security institution); Moody v. Daggett, 429 U.S. 78, 88 n. 9, 97 S.Ct. 274, 50 L.Ed.2d 236 (1976) (noting that prison officials' exercise of discretion to assign a security classification to an inmate does not implicate an inmate's liberty interest); Cardoso v. Calbone, 490 F.3d 1194, 1198 (10th Cir.2007) (affirming district court's ruling that a "reduction in [plaintiffs] classification level does not implicate a liberty interest"). The conditions of his current confinement do not impose an "atypical and significant hardship on [Plaintiff] in relation to ordinary incidents of prison life," Sandin v. Conner,
Defendants move for reconsideration of the Court's April 29, 2010 Order granting Plaintiff's request for leave to proceed in forma pauperis. Defendants' Motion to Reconsider the Order Granting Plaintiff's Motion for Leave to Proceed In Forma Pauperis ("Defs.' Mot. to Recons.") at 1. Defendants argue that Plaintiff has accumulated more than "three strikes" under the Prison Litigation Reform Act, see 28 U.S.C. § 1915(g), and is no longer eligible to proceed in forma pauperis. Defs.' Mot. to Recons. at 3.
Pursuant to the Prison Litigation Reform Act ("PLRA"), a prisoner may not proceed in forma pauperis if while incarcerated he has filed at least three prior cases that were dismissed as frivolous, malicious, or for failure to state a claim. 28 U.S.C. § 1915(g); see Smith v. District of Columbia, 182 F.3d 25, 29 (D.C.Cir.1999). "This section is referred to as the `three strikes' rule." Ibrahim v. District of Columbia, 463 F.3d 3, 6 (D.C.Cir.2006) (citing Ibrahim v. District of Columbia, 208 F.3d 1032, 1033 (D.C.Cir.2000)). There is an exception for a prisoner who shows that he "is under imminent danger of serious physical injury" at the time he files suit. 28 U.S.C. § 1915(g).
Defendants demonstrate that Plaintiff has accumulated five "strikes" for purposes of the PLRA. See Gigger v. Riley, No. 1:01-cv-636 (N.D.Ga. Apr. 19, 2001) (dismissing complaint as frivolous under 28 U.S.C. § 1915A); Gigger v. Pocock, No. 1:00-cv-2053 (N.D.Ga. Sept. 6, 2000) (dismissing action under 28 U.S.C. § 1915A for failure to state a claim upon which relief may be granted); Gigger v. Pitts, No. 1:96-cv-948 (N.D.Ga. May 3, 1996) (dismissing complaint under 28 U.S.C. § 1915(d)); Gigger v. Pitts, No. 1:96-cv-713 (N.D.Ga. May 2, 1996) (dismissing complaint under 28 U.S.C. § 1915(d)); Gigger v. Graves, No. 2:92-cv-2021 (W.D.Tenn. Feb. 24, 1992) (dismissing as frivolous a civil rights action against court-appointed public defenders, District Attorney, private attorney, and state judge).
Plaintiff does not contest the accumulation of strikes; rather, he argues that he may proceed in forma pauperis under the "imminent danger" exception. See PL's Mot. to Stay at 1. Plaintiff claims that he "is in imminent danger every single day," id., and offers as an example an incident during which an inmate was allowed to enter his cell "to read [the] police report on [his] pending case," and after which the inmate "threatened to drop [him] on [his] head and make [Plaintiff] his bitch." Id. In another incident, occurring on August 13, 2010, an inmate allegedly "took [Plaintiffs] wheelchair & slung it sideways with [him] in it." Id. at 1-2.
To evaluate whether Plaintiff qualifies under the "imminent danger" exception
The Court concludes that Plaintiff has accumulated more than three strikes for purposes of the PLRA, and that he does not qualify for in forma pauperis status under the "imminent danger" exception. Defendants' motion will be granted, and the Court will allow Plaintiff a period within which to pay the filing fee in full. The Court will defer consideration of Defendants' pending motion to dismiss.
An Order accompanies this Memorandum Opinion.