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Glenn v. V.O.Z.

United States District Court, D. Oregon

January 24, 2018

MELREE LAREA GLENN, Plaintiff,
v.
V.O.Z., Defendant.

          ORDER

          Ann Aiken, United States District Judge.

         Plaintiff, an inmate currently housed at Two Rivers Correctional Institution, files this action pursuant to 42 U.S.C. § 1983 and applies to proceed in forma pauperis (IFP). However, at the time plaintiff filed the instant complaint, plaintiff had filed more than three actions in this District that were dismissed for failure to state a claim and/or as frivolous. Accordingly, plaintiff is not entitled to proceed IFP, and he must submit the full $400.00 fee to proceed with this action. Alternatively, plaintiff must explain why he is not barred from proceeding IFP despite the cases that were dismissed for failure to state a claim and/or as frivolous.

         A prisoner may not proceed IFP - without paying the requisite filing fee - 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). Generally, a case dismissed for the reasons set forth in § 1915(g) is considered a "strike" against the prisoner, with three "strikes" prohibiting IFP status. Andrews v. Cervantes, 493 F.3d 1047, 1049 (9th Cir. 2007) (referring to § 1915(g) as the "three-strikes rule").

         Prior to filing the instant complaint, plaintiff had filed eighteen cases while incarcerated, and seventeen cases were dismissed for failure to state a claim and/or as frivolous:[1]

1. Glenn v. State of Oregon, et al., Case No. 3:17-cv-01317-AA (dismissed on November 14, 2017 for failure to state a claim);
2. Glenn v. State of Oregon, et al., Case No. 3:17-cv-01325-AA (dismissed on October 17, 2017 for failure to state a claim);
3. Glenn v. United States of America, et al., Case No. 3:17-cv-01346-AA (dismissed on October 17, 2017 for failure to state a claim);
4. Glenn v. United States of America, et al., Case No. 3:17-cv-01347-AA (dismissed on October 17, 2017 for failure to state a claim and as frivolous);
5. Glenn v. United States of America, et al., Case No. 3:17-cv-01348-AA (dismissed on October 17, 2017 for failure to state a claim and as frivolous);
6. Glenn v. State of Oregon, et al., Case No. 3:17-cv-01374-AA (dismissed on October 17, 2017 for failure to state a claim);
7. Glenn v. State of Oregon, et al., Case No. 3:17-cv-01375-AA (dismissed on October 17, 2017 for failure to state a claim and as frivolous);
8. Glenn v. State of Oregon, et al., Case No. 3:17-cv-01376-AA (dismissed on October 17, 2017 for failure to state a claim);
9. Glenn v. State of Oregon, et al., Case No. 3:17-cv-01377-AA (dismissed on October 17, 2017 for failure to state a claim);
10. Glenn v. State of Oregon, et al., Case No. 3:17-cv-01378-AA (dismissed on October 17, 2017 for ...

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