No. 4:09CV27-P-A.United States District Court, N.D. Mississippi, Greenville Division.
June 9, 2009
ORDER
W. PEPPER JR., District Judge
This matter is before the court, sua sponte, for consideration of dismissal. The prisoner plaintiff has submitted a complaint which he wishes to file pursuant to 42 U.S.C. § 1983. The complaint alleges that various defendants violated his First Amendment right to freedom of expression.
The Prison Litigation Reform Act was enacted in April 1996. This Act provides, inter alia, at 28 U.S.C. § 1915(g)
In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under this section if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.
On February 22, 2002, this court dismissed Randle v. Scott, 4:01CV168-D-B for failure to state a claim upon which relief could be granted. On November 22, 1999, this court dismisse Randle v. Maples, 4:99CV95-P-B as frivolous. Finally, the United States District Court for the Southern District of Mississippi dismissed Randle v. Miss. State Parole Bd., 3:07CV313-JCS as frivolous on March 24, 2009. The plaintiff has accumulated three strikes and has been an abuser of his in forma pauperis privileges. Consequently, it is hereby ORDERED:
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