United States District Court, W.D. Michigan, Northern Division
OPINION DENYING LEAVE TO PROCEED IN FORMA PAUPERIS -
T. NEFF United States District Judge.
a civil rights action brought by a state prisoner under 42
U.S.C. § 1983 against the United States Supreme Court
Justices, collectively and by name. Plaintiff seeks leave to
proceed in forma pauperis. Because Plaintiff has
filed at least three lawsuits that were dismissed as
frivolous, malicious or for failure to state a claim, he is
barred from proceeding in forma pauperis
under 28 U.S.C. § 1915(g). The Court will order
Plaintiff to pay the $400.00 civil action filing fee
applicable to those not permitted to proceed in forma
pauperis. This fee must be paid within twenty-eight (28)
days of this opinion and accompanying order. If Plaintiff
fails to pay the fee, the Court will order that this case be
dismissed without prejudice. Even if the case is dismissed,
Plaintiff must pay the $400.00 filing fee in accordance with
In re Alea, 286 F.3d 378, 380-81 (6th Cir. 2002).
Prison Litigation Reform Act (PLRA), Pub. L. No. 104-134, 110
Stat. 1321 (1996), which was enacted on April 26, 1996,
amended the procedural rules governing a prisoner's
request for the privilege of proceeding in forma
pauperis. As the Sixth Circuit has stated, the PLRA was
“aimed at the skyrocketing numbers of claims filed by
prisoners-many of which are meritless-and the corresponding
burden those filings have placed on the federal
courts.” Hampton v. Hobbs, 106 F.3d
1281, 1286 (6th Cir. 1997). For that reason, Congress created
economic incentives to prompt a prisoner to “stop and
think” before filing a complaint. Id. For
example, a prisoner is liable for the civil action filing
fee, and if the prisoner qualifies to proceed in
forma pauperis, the prisoner may pay the fee
through partial payments as outlined in 28 U.S.C. §
1915(b). The constitutionality of the fee requirements of the
PLRA has been upheld by the Sixth Circuit. Id. at
addition, another provision reinforces the “stop and
think” aspect of the PLRA by preventing a prisoner from
proceeding in forma pauperis when the prisoner
repeatedly files meritless lawsuits. Known as the
“three-strikes” rule, the provision states:
In no event shall a prisoner bring a civil action or appeal a
judgment in a civil action or proceeding under [the section
governing proceedings in forma pauperis] 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). The statutory restriction
“[i]n no event, ” found in § 1915(g), is
express and unequivocal. The statute does allow an exception
for a prisoner who is “under imminent danger of serious
physical injury.” The Sixth Circuit has upheld the
constitutionality of the three-strikes rule against arguments
that it violates equal protection, the right of access to the
courts, and due process, and that it constitutes a bill of
attainder and is ex post facto legislation.
Wilson v. Yaklich, 148 F.3d 596, 604-06 (6th Cir.
has been an active litigant in the federal courts in
Michigan. In many more than three of Plaintiff's
lawsuits, the Court entered dismissals on the grounds that
the cases were frivolous, malicious or failed to state a
claim. See, e.g., McGore v. Bell, No. 1:04-cv-583
(W.D. Mich. Apr. 15, 2005); McGore v. Bell, No.
1:04-cv-583 (W.D. Mich. Jan. 12, 2005); McGore v. Gundy
et al., No. 1:00-cv-486 (W.D. Mich. Aug. 30, 2000);
McGore v. MDOC, No. 1:97-cv-207 (W.D. Mich. Aug. 22,
1997); McGore v. Wrigglesworth et al., No.
5:96-cv-197 (W.D. Mich. Jan. 8, 1997); McGore v. Mich.
Sup. Ct. Judges, No. 1:94-cv-517 (W.D. Mich. Jan. 25,
1995); McGore v. Nardi et al., No. 2:93-cv-137 (W.D.
Mich. Aug. 2, 1993); McGore v. Stine et al., No.
2:93-cv-112 (W.D. Mich. July 26, 1993); McGore v. Stine
et al., No. 2:93-cv-77 (W.D. Mich. Apr. 30, 1993).
Although many of the dismissals were entered before enactment
of the PLRA on April 26, 1996, the dismissals nevertheless
count as strikes. See Wilson, 148 F.3d at 604. In
addition, Plaintiff previously has been denied leave to
proceed in forma pauperis on more than 50 occasions
for having three strikes.
Plaintiff's allegations do not fall within the
“imminent danger” exception to the three-strikes
rule. 28 U.S.C. § 1915(g). Plaintiff once again attempts
to challenge his 1976 arrest and 1977 convictions and life
sentences for armed robbery and first-degree criminal sexual
conduct, this time by seeking declaratory relief and damages
from the Justices of the United States Supreme Court. He
alleges no facts showing that he is in imminent danger of
serious physical injury, nor does the relief he seeks relate
to any such danger.
§ 1915(g) prohibits Plaintiff from proceeding in
forma pauperis in this action. Plaintiff has
twenty-eight (28) days from the date of entry of this order
to pay the entire civil action filing fee, which is $400.00.
When Plaintiff pays his filing fee, the Court will screen his
complaint as required by 28 U.S.C. § 1915A and 42 U.S.C.
§ 1997e(c). If Plaintiff does not pay the filing fee
within the 28-day period, this case will be dismissed without
prejudice, but Plaintiff will continue to be responsible for
payment of the $400.00 filing fee.
REMITTANCES TO THE FOLLOWING ADDRESS:
Clerk, U.S. District Court 330 Federal Bldg. 202 W.
Washington St. PO Box 698 Marquette, MI 49855
checks or other forms of payment shall be payable to