United States District Court, N.D. California
March 17, 2004.
COREY COLEMAN GRAY, Plaintiff
INMATE SCOTT CASTEAL; et al., Defendant
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
Corey Coleman Gray, a prisoner at San Quentin State Prison, has filed a
pro se civil rights complaint pursuant to 42 U.S.C. § 1983. 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). Sectin on
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).
Gray 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 dismissed cases
include Gray v. Luther, C 94-4386 MHP, Gray v. Romero, C 94-4469 MHP,
Gray v. Lockhart, C 94-4470 MHP, Gray v. Ukiah Police Department, C
Gray v. Tuso, C 95-2503 SI, and Gray v. People, C97-3250 SI. sense of
Gray's rambling complaint, it appears that prison officials are keeping
him in administrative segregation to prevent harm, rather than exposing
him to a danger. Because Gray 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 Gray 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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