United States District Court, N.D. California
May 6, 2004.
COREY COLEMAN GRAY, Plaintiff
Director J. WOODFORD; 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
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). 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).
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 95-1002 MHP, Gray v. Tuso, C 95-2503 SI, and Gray v. People,
C 97-3250 SI. 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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