United States District Court, N.D. California
February 25, 2004.
HOMER E. HAWKINS, Plaintiff,
BOARD OF SUPERVISORS; et al., Defendants
The opinion of the court was delivered by: SUSAN ILLSTON, 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).
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. The
Clerk shall close the file.
IT IS SO ORDERED.
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