United States District Court, Northern District of California
June 9, 2003
HOMER E. HAWKINS, PLAINTIFF,
MARIN SHERIFF; ET AL., DEFENDANTS.
The opinion of the court was delivered by: Susan Illston, United States District Judge
This action is dismissed without prejudice to plaintiff making the same allegations in a complaint for which he pays the full filing fee at the time of filing the complaint.
IT IS SO ORDERED AND ADJUDGED.
ORDER OF DISMISSAL
Homer E. Hawkins, a prisoner at the Marin County Jail, has filed a pro se civil rights complaint pursuant to 42 U.S.C. § 1983 concerning the conditions of confinement there. He also seeks to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.
The Prison Litigation Reform Act of 1995 ("PLRA"), which was enacted on April 26, 1996, provides that a prisoner may not bring a civil action in forma pauperis under 28 U.S.C. § 1915 "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." 28 U.S.C. § 1915(g). Section 1915(g) requires that this court consider prisoner actions dismissed prior to, as well as after, the PLRA's enactment. Tierney v. Kupers, 128 F.3d 1310, 1311-12 (9th Cir. 1997).
Hawkins has had three or more prior prisoner actions dismissed by this court on the grounds that they were frivolous, malicious, or failed to state a claim upon which relief may be granted. The earlier dismissed cases were Hawkins v. Marin County Jail Commissioner, No. C 01-3288 SI, Hawkins v. Oakland County Officers, No. C 02-4608 SI, and Hawkins v. Gomez, No. C 97-1554 SI. Because Hawkins has had at least three prior dismissals and is not under imminent danger of serious physical injury, his request to proceed in forma pauperis is DENIED and this action is DISMISSED. This dismissal is without prejudice to Hawkins making the same allegations in a complaint for which he pays the full $150.00 filing fee at the time of filing the complaint. Hawkins' motion for appointment of counsel also is DENIED. The Clerk shall close the file.
IT IS SO ORDERED.
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