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

Case 1:05-cv-00570-KAJ Document 3 Filed 09/19/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CARL J. HASKINS, JR., )
Plaintiff, 1
v. 1 Civ. No. 05-570—KAJ
DELAWARE DEPARTMENT OF 1
CORRECTIONS, LAURIE PESACK, )
ALLISON JUSTINO, JEFF KAY, )
LORREN PRESS, CHRIS SHEMM, )
and DELAWARE PAROLE BOARD, )
Defendants. 1
ORDER
1. The plaintiff Carl J. Haskins, Jr., SBI # 211803, a
prg sg litigant who is presently incarcerated, has filed this
action pursuant to 42 U.S.C. § 1983 and has requested leave to
proceed ig fgrma pauperis pursuant to 28 U.S.C. § 1915. The
plaintiff alleges that the defendants have violated his
constitutional rights by subjecting him to an unlawful search and
seizure, as well as an unlawful imprisonment regarding his
probation. (D.I. 2)
2. Under 28 U.S.C. § 1915{g), a prisoner cannot bring
a new civil action or appeal a judgment in a civil action ig
jgrmg 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 because it was frivolous, malicious, or
failed to state a claim upon which relief may be granted. The

Case 1:05-cv-00570-KAJ Document 3 Filed 09/19/2005 Page 2 of 3
only exception to this is if the prisoner is in imminent danger
of serious physical injury. A prisoner who is not proceeding in
fggma 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(q).
3. Regardless of whether a prisoner proceeds in fgrma
pauperis in a civil case, if at any time the prisoner’s case is
dismissed as frivolous or malicious, or for failure to state a
claim upon which relief may be granted, the dismissal will count
against the prisoner for purposes of the three—dismissal rule in
28 U.S.C. § 1915(g). In Keener v. Pennsylvania Bd. of Probation
& Parole, 128 F.3d 143 (3d Cir. 1997), the Court held that a
dismissal as frivolous prior to the Prisoner Litigation Reform
Act’s enactment counts towards the "three strikes" rule.
4. The plaintiff, while incarcerated, has filed at least
four civil actions that have been dismissed as frivolous or for
failure to state a claim upon which relief may be granted. §ee
Haskins v. State, CA No. 92—161—LON, D. Del. (dismissed March 30,
1992); Haskins v. Hegjjhy, CA No. 91-429-JLL, D. Del. (dismissed
August 5, 1991); Haskins v. Capone, CA No. 90-183-JLL D. Del.
(dismissed May 30, 1990); and Haskins v. Jennings, CA No. 89-380-
LON, D. Del. (dismissed March 23, 1990). Therefore, the
plaintiff may not file another civil action in fgrma pauperis
while incarcerated unless he is in "imminent danger of serious
2

Case1:05—cv-00570-KAJ D0cument3 Filed 09/19/2005 Page30f3
physical injury." 28 U.S.C. § l9l5(g}. The plaintiff's
complaint does not meet that standard.
5. Leave to proceed in forma pauperis is denied.
However, the plaintiff is given thirty (30) days from the date
this order is sent to pay the $250.00 filing fee. lf the
plaintiff does not pay the filing fee within that time, the
complaint shall be dismissed pursuant to 28 U.S.C. § l9l5(g).
6. To the extent the plaintiff seeks release, such
relief is only available under 28 U.S.C. § 2254.
..
.- ¤= ‘__ = -·.·
DATED: yf§E§§g§ =_‘ Wnfte€` ````2 a‘és ``` list ict Judge
3