Free Order Denying IFP - District Court of Delaware - Delaware

Case 1:07-cv-00665-JJF Document5 Filed 11/08/2007 Page1 of2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
TYRONE GUINN, )
Plaintiff, g
v. g Civil Action N0. 07-665-***
SYRITA BENSON, JAIME NEIVES, )
JAMES SATTERFIELD, MR. JOHN )
BARLOW, MR. M. BARROW, MR. E. )
JOHNSON, CPL. M. RUTH, and )
12X8 SIFT WORKING ON 5/2/07, )
Defendants. g
ORDER
At Wilmington this Q day of November, 2007,
1. Plaintiff Tyrone Guinn, SBI # 375731, an inmate at the Delaware Correctional
Center, filed this action pursuant to 42 U.S.C. § 1983. He proceeds pro se and has
filed an application to proceed without prepayment of fees pursuant to 28 U.S.C. §
1915. (D.|. 1)
2. 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 ruIe". Keener v. Pennsylvania Bd. of Probation & Parole, 128 F.3d 143
(3d Cir. 1997). An exception is made to the “three strikes ruIe", when the prisoner is in

Case 1:07-cv-00665-JJF Document 5 Filed 11/08/2007 Page 2 of 2
6 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).
3. Plaintiff, while incarcerated, has tiled more than three civil actions that were
dismissed as frivolous, malicious or forfailure to state a claim upon which relief may be
granted, as follows: Guinn v. Carroll, Civ. Action No. 06-670-.|.lF (D. Del. |\/lar. 23,
2007); Guinn v. Walker, Civ. Action No. 05-875-KAJ (D. Del. Mar. 17, 2006); @i_imi,
Wallgq, Civ. Action No. 06-221-KAJ (D. Del. June 15, 2006). Therefore, plaintiff may
not file another civil action in forma pauperis while incarcerated unless he is in
"imminent danger of serious physical injury" at the time of the filing 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. Accordingly, plaintiff is not excused from the
restrictions under § 1915(g), and he may not proceed without prepayment of fees.
THEREFORE, at Wilmington this QL day of November, 2007, ITIS HEREBY
ORDERED that:
1. Plaintiffs application to proceed without prepayment of fees (D.l. 1) is
denied.
2. Plaintiff is given thirty (30) days from the date of this order to pay the
$350.00 tiling fee. lf plaintiff does not pay the filing fee within that time, the complaint
shall be dismissed pursuant to 28 Ll.S.C. § 1915(g).

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Case 1:07-cv-00665-JJF

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Case 1:07-cv-00665-JJF

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