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

Case 1:06-cv-00590-SLR Document 3 Filed 10/03/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COLIRT
FOR THE DISTRICT OF DELAWARE
GBEKE AWALA, )
Plaintiff, g
v. g Civ. No. 06-590-KAJ
MARTIN P. DURKIN, et al., g
Defendants. g
ORDER
Gbeke Awala ("Awala"), Reg. #82074-054, filed this action alleging violations of
his constitutional rights. Awala proceeds pro se, and is currently an inmate at the
l\/loshannon Valley Correctional Facility, Philadelphia, Pennsylvania. At the time he
filed his complaint, he did not tile a request for leave to proceed in forma pauperis
pursuant to 28 U.S.C. § 1915, although he filed the complaint without prepayment of
the $350.00 filing fee. (D.|. 1.) The court takes judicial notice that in every civil case
Awala has filed in this district, including the case at bar, he has not paid a filing fee.
See; Awala v. Koyste, Civ. No. 05-097-KAJ; Awala v. Federal Pub. Defenden 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. Dep’t of State Int’I Child Abduction, Civ. No. 05-
368-KAJ; Awala v. State Of De/aware, 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;
and Awala v. 8 U.S.C. Section 1326, Civ. No. 06—012—KAJ. l\lIore so, prior exhibits
Awala has filed with the court demonstrate that he has no funds to pay a filing fee.
Accordingly, the court concludes that once again Awala is seeking in forma pauperis

Case 1:06-cv-00590-SLR Document 3 Filed 10/03/2006 Page 2 of 3
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 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 file 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. De/ta Air Lines, No.
1:05-CV-2128-.IEC (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. Federal Pub. Defenden No. 05-4341 (3d. Cir. Apr. 21, 2006); 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. 8
U.S. C. § 1326, Civ. No. 06-012-KAJ (D. Del. l\/lar. 17, 2006); Awala v. Stretton, No. 05-
472-KAJ (D. Del. I\llarch 3, 2006); Awala v. U.S. Congress, Civ. No. 05-307-KAJ (D.
Del. Dec. 15, 2005); Awala v. De/aware River and Bay Auth. Police Dep’t, No. 05-97-
KAJ (D. Del. Dec. 15, 2005); Awala v. State ofNew Jersey Dep’t of Corr, No. Civ.A.

Case 1:06-cv-00590-SLR Document 3 Filed 10/03/2006 Page 3 of 3
05-2362FLW (D.N.J. Aug. 23, 2005); Awa/a v. Federal Pub. Defender, No. 05—CV—281-
KAJ (D. Del. Aug. 5, 2005). Accordingly, Awala may not file another civil action in forma
pauperis while incarcerated unless he is in "imminent danger of serious physical injury"
at the time ofthe filing of his complaint. 28 U.S.C. § 1915(g); AbduI—Akbarv. McKeIvie,
239 F.3d 307, 311 (3d Cir. 2001). Awa|a’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 $350.00 filing fee. If Awala does not pay the filing fee
within that time, the complaint shall be dismissed pursuant to 28 U.S.C. § 1915(g).
. d t is ¢>>>t,\
DATED: U TED STATES DIST C .1/ GE `