Free Order Denying IFP - District Court of Delaware - Delaware

Case 1 :08-cv—00077-GIVIS Document 4 Filed 02/15/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GBEKE AWALA, )
Plaintiff, ;
v. g Civ. Action No. 08-077-GMS
CIRCUIT JUDGE HARDIMAN, et al., g
Defendants. g
MEMORANDUM ORDER
At Wilmington this Ei of ;
IT IS ORDERED that the plaintiff s motion for leave to proceed informa pauperis is
denied, for the reasons that follow:
The plaintiff, Gbeke Michael Awala ("Awala"), an inmate at the U.S. Penitentia1y Canaan,
Waymart, Pennsylvania, filed this action pursuant to 42 U.S.C. § 1983 alleging violations of his
constitutional rights. Awala proceeds pro se and has requested leave to proceed informa pauperis
pursuant to 28 U.S.C. § 1915. (D.I. 1.) He is a frequent filer in this district.
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 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 of the PLRA (i.e., April 26, 1996)
is counted when applying the "three strikes rule". Keener v. Pennsylvania Bal 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—OOO77-G|\/IS Document 4 Filed O2/15/2008 Page 2 of 3
prisoner is in imminent danger of serious physical injury. Also, a prisoner who is not proceeding
in forma pauperis may 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, Awala 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 Awala’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 ofCorr., No. 05-4899 (3d Cir.
Jan. 31, 2007); Awala v. Regional Ojjice Bureau of Prisons, No. 05-5169 (3d Cir. June 5, 2006);
Awala v. Federal Pub. Dejiznder, 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 USC. § 1326, C.A. No. 06-012-KAJ (D.
Del. Mar. 17, 2006); Awala v. Stretton, C.A. No. 05-472-KA] (D. Del. Mar. 3, 2006); Awala v.
US. Congress, C.A. No. 05-307-KA] (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); Awala v. State ofNew 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-KA] (D. Del. Aug. 5, 2005). As a result, Awala may not file
-2-

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another civil action informa pauperis while incarcerated unless he was in "imminent danger of
serious physical inju1y" at the time of the filing of his complaint. 28 U.S.C. § l9l5(g);Aba'ul-
Akbar v. McKelvie, 239 F .3d 307, 311 (3d Cir. 2001). His complaint does not meet that standard.
Rather, the complaint complains of actions taken by the defendants during Awala’s direct appeal
of his criminal conviction. Hence, Awala is not excused from the restrictions under § l9l5(g), he
may not proceed informa pauperis and, therefore, his application to proceed in forma pauperis
will be denied.
Based upon the foregoing analysis, the motion to proceed i;n forma pauperis (D.I. l) is
denied. Awala is given thirty (30) days from the date of this order to pay the $3 50.00 filing fee.
If Awala does not pay the filing fee within that time, the complaint shall be dismissed and the case
closed pursuant to 28 U.S.C. § l9l5(g).
*I

CH F, I ED STATES DISTRICT GE
F I L. E D
FEB l 5 2008 I
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