Free Order - District Court of Delaware - Delaware

Case 1:08-cv-00061-JJF D_oeument4 Filed O2/14/2008 Page1 0f3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ROBERT ROBERTS, :
Plaintiff, E
v. ; Civ. Action No. 08-061-JJF
WARDEN OR ACTING WARDEN, ;
Defendant. E
O R D E R ‘
Plaintiff Robert Roberts,l an inmate at the Howard R. Young
Correctional Institution, filed this action pursuant to 42 U.S.C.
§ 1983. He proceeds oro so and filed this action without
prepayment of the required filing fee. Accordingly, the Court
presumes that he wishes to proceed ro forma oauperis pursuant to
28 U.S.C. § 1915.
The Prison Litigation Reform Act (“PLRA”) provides that a
prisoner cannot bring a new civil action or appeal a judgment in
a civil action ro rormo oauperis 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
lPlaintiff, is also known as Robert D. Roberts, Robert
Darnell Roberts, and Abdullah Rahiym Ibn Talal, and is a well—
known past frequent filer in the United States District Court for
the District of Maryland. Roberts v. Cobb, Civ. Action No. AW-
06-1695 at D.I. 3 (D. Md. 2006).

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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. 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).
Plaintiff states in his Complaint that he has filed no
lawsuits in Delaware. However, a review of the United States
Party/Case Index for the Federal Courts reveals that to date, and
while incarcerated in Maryland, Plaintiff filed more than three
civil actions that have been dismissed as frivolous or for
failure to state a claim upon which relief may be granted.
Roberts v. Cobb, Civ. Action No. AW-06-1695 at D.I. 3 (D. Md.
2006). ggg Roberts v. Graham, Civ. Action No. 8-93-2903 (D. Md.)
(dismissed Oct. 19, 1993); Roberts v. Dykes, Civ. Action No. N-
94-1218 (D. Md.) (dismissed May 18, 1994); Roberts v. Beshears,
Civ. Action No. AW—97—1529 (D. Md.) (dismissed May 14, 1997);
Talal v. Hindenlang, Civ. Action No. AW—98 4171 (D. Md.)
(dismissed Jan. 15, 1999); and Talal v. Sondervan, Civ. Action
No. AW—99—2087 (D. Md.) (dismissed Aug. 2, 1999). Therefore,
Plaintiff may not file another civil action in fggma pauperis
while incarcerated unless he is in "imminent danger of serious
physical injury" at the time of the filing of his Complaint. 28
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U.S.C. § 1915(g); Abdul—Akbar v. McKelvie, 239 F.3d 307, 311 (3d
Cir. 2001). After reviewing his Complaint, the Court finds that
it does not meet that standard. Based upon the foregoing,
Plaintiff is not excused from the restrictions under § 1915(g),
and he may not proceed in forma pauperis.
THEREFORE, at Wilmington this _Li_ day of February, 2008,
IT IS HEREBY ORDERED that Plaintiff is given thirty (30) days
from the date of this Order to pay the $350.00 filing fee. If
Plaintiff does not pay the filing fee within that time, the
Complaint shall be dismissed pursuant to 28 U.S.C. § 1915(g).
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