IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GBEKE AWALA, :
Plaintiff, ;
v. ; Civ. Action No. 08-315-JJF
U.S. EMBASSY NIGERIA, et al., ;
Defendants. ;
M MORANDUM ORDER
NOW THEREFORE, IT IS HEREBY ORDERED that:
Plaintiff is DENIED leave to proceed in fgrma pauperis, for
the reasons that follow:
Plaintiff, Gbeke Awala (“Plaintiffâ€), an inmate at the U.S.
Penitentiary Canaan, Waymart, Pennsylvania, filed this action
pursuant to 42 U.S.C. § 1983 alleging violations of Plaintiff's
constitutional rights. Plaintiff is a frequent filer in this
District and in the past has requested leave to proceed in fgrma
pauperis pursuant to 28 U.S.C. § 1915. Plaintiff did not submit
the required $350.00 filing fee and the Court presumes he again
seeks in forma pauperis status.
The Prison Litigation Reform Act (“PLRAâ€) provides that a
prisoner cannot bring a new civil action or appeal a judgment in
a civil action in fgrmg 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
Case 1:08-cv-00315-JJF Document 3 Filed 06/10/2008 Page 2 of 4
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 of the 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 prisoner is in imminent
danger of serious physical injury. Also, 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 United States Party/Case Index for the
Federal Courts, to date, and while a prisoner, Plaintiff has
filed over ninety civil actions in various federal district
courts across the country, and at least fifty appeals in various
federal appellate courts across the country. Many of those cases
have been dismissed as frivolous or for failure to state a claim
upon which relief may be granted, while others have been
dismissed for Plaintiff’s failure to pay the filing fee due to
his status of filing more than three cases that were frivolous,
malicious, or failed to state a claim upon which relief may be
granted.
The cases dismissed as frivolous, malicious, or for failure
to state a claim upon which relief may be granted, are as
follows: Awala v. New Jersey Dep't of Corr., No. 05-4899 (3d
-2-
Case 1:08-cv-00315-JJF Document 3 Filed 06/10/2008 Page 3 of 4
Cir. Jan. 31, 2007); Awala v. Regional Office Bureau of Prisons,
No. 05-5169 (3d Cir. June 5, 2006); Awala v. Federal Pub.
Defender, No. 05-4341 (3d Cir. Apr. 21, 2006); Awala v. Wachovia
Qgrpg, 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, C.A. No. 06-012-KAJ (D.
Del. Mar. 17, 2006); Awala v. Stretton, C.A. No. 05-472-KAJ (D.
Del. Mar. 3, 2006); Awala v. U.S. Cgngress, C.A. No. 05-307-KAJ
(D. Del. Dec. 15, 2005); Awala v. Delaware River and Bay Auth.
Police Dep’t, C.A. No. 05-97-KAJ (D. Del. Dec. 15, 2005); Awalg
v. State of New Jersey Dep’t of Corr., C.A. No. 05-2362FLW
(D.N.J. Aug. 23, 2005); and Awala v. Federal Pub. Defender, C.A.
No. 05-CV-281-KAJ (D. Del. Aug. 5, 2005). As a result, Plaintiff
may not file another civil action ig fgrma pauperis while
incarcerated unless he was in “imminent danger of serious
physical injury†at the time of the filing of his complaint. 28
U.S.C. § 1915(Q); Abdul—Akbar v. McKelvie, 239 F.3d 307, 311 (3d
Cir. 2001). His Complaint does not meet that standard. Hence,
Plaintiff is not excused from the restrictions under § 1915(g),
he may not proceed ig fggmg pauperis.
For these reasons, Plaintiff shall, within thirty (30) days
from the date of this Order, pay the $350.00 filing fee. If
Plaintiff does not pay the filing fee within that time, the
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Case 1:08-cv-00315-JJF Document 3 Filed 06/10/2008 Page 4 of 4
Complaint shall be dismissed and the case closed pursuant to 28
U.s.c. S 1915
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DATE UN D A DISTRICT Eh
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