Isasi v. Attorney General of the United States et al
| Richard Isasi |
| Attorney General of the United States, U.S. Marshals Services, New York State Department of Correctional Service, Queens County District Attorney, State of New York's Governor's and U.S. Immigration and Naturalization Service |
| 1:2012cv06181 |
| December 13, 2012 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Brian M. Cogan |
| Robert M. Levy |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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Filing
4
MEMORANDUM DECISION AND ORDER, To the extent that Isasi is bringing this case on behalf of both himself and Hanes, the Court dismisses, without prejudice, the claims brought on behalf of Hanes. As to Isasi's claims, the Court will not address th em because Isasi has "three strikes" pursuant to 28 USC sec. 1915(g). Section 1915(g) bars prisoners from prisoners from proceeding in forma pauperis after three or more previous actions have been dismissed as frivolous, malicious or for fa ilure to state a claim, unless the prisoner is under "imminent danger of serious physical injury." 28 USC sec. 1915(g). Isasi has had at least three actions dismissed in this district for failure to state a claim upon which relief may be g ranted. See e.g., Isasi v. Heinemann, 08-cv-5284 (BMC); Isasi v. NYS DOC, 05-cv-4079 (ERK); Isasi v. US Governor, 03-cv-2912(ERK). In addition, Isasi fails to allege a single fact indicating that he faces any danger of physical injury, let alone inju ry that is imminent and serious. Therefore, the Court denies Isasi's 2 Motion for Leave to Proceed in forma pauperis, and directs him to pay the $350 filing fee within 14 days. If such payment is not received within 14 days, this action will be dismissed. The Court certifies pursuant to 28 USC sec. 1915(a)(3) that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of an appeal. (Ordered by Judge Brian M. Cogan on 12/20/2012) c/m by chambers. (Galeano, Sonia)
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