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REED v. SAN FRANCISCO PROSECUTOR'S OFFICE

United States District Court, N.D. California


March 22, 2004.

LEE ANDREW REED, Plaintiff,
v.
SAN FRANCISCO PROSECUTOR'S OFFICE; et al. Defendants

The opinion of the court was delivered by: SUSAN ILLSTON, District Judge

JUDGMENT

This action is dismissed without prejudice to plaintiff making the same allegations ii complaint for which he pays the full $150.00 filing fee at the time of filing the complaint.

IT IS SO ORDERED AND ADJUDGED. Page 1

  ORDER OF DISMISSAL

  Lee Andrew Reed, a prisoner at the California State Prison in Lancaster, 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) 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).

  Reed has had three or more prior prisoner actions dismissed by this court on the ground that they were frivolous, malicious, or failed to state a claim upon which relief may be granted. The dismissed cases include Reed v. Hilton, No. C 01-4878 SI, Reed v. San Francisco. Police Page 2 Department, No. C 00-3651, and Reed v. Gibson-Odum, No. C 00-3587 SI. Because Reed 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 Reed 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.

20040322

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