Kitterman v. Norton et al
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|Date Filed||#||Document Text|
|March 9, 2018
ORDER DISMISSING CASE without prejudice for failure to state a claim upon which relief may be granted under 42 U.S.C. § 1983. Plaintiff is ADVISED that this dismissal counts as one of his three allotted strikes under the provisions of 28 U.S.C . § 1915(g). Further, because two of Plaintiff's other lawsuits4 have also been dismissed pursuant to § 1915A for being frivolous, malicious, or for failure to state a claim upon which relief may be granted, the dismissal of this case gives Plaintiff his third strike. Accordingly, if Plaintiff seeks to file any future civil action while he is a prisoner, he will no longer be eligible to pay a filing fee in installments using the in forma pauperis provisions of § 191 5(a) and (b), unless he can establish that he is under imminent danger of serious physical injury. 28 U.S.C. § 1915(g). If Plaintiff cannot make the necessary showing of imminent physical danger, he shall be required to prepay the full filing fee for any future lawsuit he may file while incarcerated, or face dismissal of the suit. Signed by Judge David R. Herndon on 3/9/2018. (tjk)
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