Free Order on Motion for Leave to Proceed in forma pauperis - District Court of Delaware - Delaware

Case 1 :08-cv—OO480-GIVIS Document 5 Filed O9/O3/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ARSON I. GIBBS, SR., )
Plaintiff, )
v. ) Civ. Action No. 08--480-GMS
CHIEF JUSTICE SUE L. ROBINSON, )
et al., )
)
Defendants. )
MEMORANDUM ORDER
rh
At Wilmington thisg day of , 2008;
IT IS ORDERED that the plaintiff s motion for leave to proceed informa pauperis is
denied, for the reasons that follow:
The plaintiff, Arson I. Gibbs, Sr., ("Gibbs"), an inmate at the James T. Vaughn
Correctional Center, Smyrna, Delaware, filed this action pursuant to 42 U.S.C. § 1983 alleging
violations of his constitutional rights. Gibbs proceeds pro se and has requested leave to proceed
inforrnapauperis pursuant to 28 U.S.C. § 1915. (D.I. 1.)
The Prison Litigation Reform Act ("PLRA") provides that a prisoner canr1ot bring a new
civil action or appeal a judgment in a civil action in forma pauperis if he 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.
§ 19 1 5 (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 rule" when the

Case 1:08-cv—OO480-G|\/IS Document 5 Filed O9/O3/2008 Page 2 of 3
prisoner is in imminent danger of serious physical injury. Also, a prisoner who is not proceeding
in forma pauperis may tile 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 Comt records, while incarcerated, Gibbs has Jiled at least three civil actions
that were dismissed as frivolous, malicious or for failure to state a claim upon which relief may be
granted as follows: Gibbs v. Minner, No. 07-4674 (3d Cir. Mar. 31, 2008); Gibbs v. Wolhar, No.
83-1320 (3d Cir. July 22, 1983); Gibbs v. Minner, Civ. No. 07-342-SLR (D. Del. July 19, 2007);
Gibbs v. Bianco, Civ. No. 83-542-WKS (D. Del. Sept. 6, 1983); and Gibbs v. Wolhar, Civ. No.
83-070 (D. Del. Mar. 4, 1983).
As a result, Gibbs may not file another civil action informa pauperis while incarcerated
unless he was in "imminent danger of serious physical injury" at the time of the tiling of his
complaint. 28 U.S.C. § 1915(g); Abdul-Akbar v. McKelvie, 239 F.3d 307, 311 (3d Cir. 2001).
His complaint does not meet that standard. Rather, the complaint is filed against the President of
the United States, a United States District Judge, Appellate Justices. for the United States Court of
Appeal for the Third Circuit, and United States Supreme Court Justices, and complains of court
actions and rulings relative to Gibbs’s state criminal conviction. Hence, Gibbs is not excused
from the restrictions under § 1915(g), he may not proceed informa pauperis and, therefore, his
application to proceed informa pauperis will be denied.
Based upon the foregoing analysis, the motion to proceed in forma pauperis (D.I. 1) is
denied. Gibbs is given thirty (30) days from the date of this order to pay the $350.00 tiling fee.
If Gibbs does not pay the filing fee within that time, the complaint shall be dismissed and the case
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Case 1:08-cv—OO480-G|\/IS Document 5 Filed O9/O3/2008 Page 3 of 3
closed pursuant to 28 U.S.C. § 1915(g).
CHIEF, ITE STAT£S DISTRIQIT MDG? I
F I L E D
I SEP - 3 2008 I
us. DISTRICT count
orstmcr OF DELAWARE
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Case 1:08-cv-00480-GMS

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