The opinion of the court was delivered by: MAXINE CHESNEY, District Judge
Plaintiff, a California prisoner, has filed this pro se civil action
regarding his confinement. He also seeks to proceed in forma pauperis
under 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 or
appeal a civil judgment 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).
Prior to the filing of the instant action, plaintiff, while a prisoner,
filed more than fifty actions and appeals, at least three of which were
dismissed on the grounds that they were frivolous, malicious, or failed
to state a claim upon which relief may be granted. See e.g. Oluwa v. Kinsey.et al., No. 01-16786 (9th Cir. Oct. 23, 2001)
(dismissal of appeal); Oluwa v. Kinsey. et al., No. 01-16420 (9th Cir.
Aug. 20, 2001) (dismissal of appeal); Oluwa v. Harrison. No. 01-0973 MMC
(PR) (N.D. Cal. Aug. May 7, 2001) (dismissal for failure to state a
Because plaintiff has suffered three or more such prior dismissals and
is not under imminent danger of serious physical injury, the instant
action is hereby DISMISSED without prejudice to plaintiff's bringing it
in a complaint as to which plaintiff pays the filing fee. See Adepegba
v. Hammons. 103 F.3d 383, 388 (5th Cir. 1996). No fee is due with respect
to the instant complaint.
This order terminates docket numbers 2 and 4.
The Clerk shall close the file.
? Jury Verdict. This action came before the Court for a trial by jury.
The issues have been tried and the jury has rendered its verdict.
? Decision by Court. This action came to trial or hearing before the
Court. The issues have been tried or heard and a decision has been
IT IS ORDERED AND ADJUDGED the instant action is hereby DISMISSED
without prejudice to plaintiff's bringing it in a complaint as to which
plaintiff pays the filing fee.
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