United States District Court, D. New Jersey
DONALD G. JACKMAN, JR., Plaintiff,
GENERAL MARK INCH, et al., Defendants.
MEMORANDUM OPINION AND ORDER
B. KUGLER UNITED STATES DISTRICT JUDGE.
Donald G. Jackman, Jr., formerly a prisoner confined at FCI
Fort Dix New Jersey, sought to proceed in this civil action
in forma pauperis, without prepayment of fees or
security. On May 14, 2018, the Court granted Plaintiff's
second application to proceed in forma pauperis.
screening the Complaint pursuant to 28 U.S.C. §
1915(e)(2)(B), the Court has become aware that courts have
dismissed at least three prior federal civil actions as
frivolous or malicious, or for failing to state a claim upon
which relief may be granted, prior to the filing of the
Complaint in the instant matter. Jackman v. Fed. Bureau
of Prisons, No.12-2414, 2014 WL 12591808, at *3 (D.N.J.
June 23, 2014) (citing Plaintiff's cases); see also
In re Jackman, 532 Fed.Appx. 131, 133 (3d Cir. 2013)
(noting Plaintiff's three strike status).
Prison Litigation Reform Act (“PLRA”) prohibits a
prisoner from bringing a civil action 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).
Thus, under the statute, if a prisoner has three or more
dismissals under 28 U.S.C. § 1915(e), he cannot proceed
unless he is in imminent danger of serious physical injury at
the time he files the complaint. See Goodson v.
Kardashian, 413 Fed.Appx. 417, 419 n.2 (3d Cir. 2011)
(per curiam) (citing Abdul-Akbar v. McKelvie, 239
F.3d 307, 312 (3d Cir. 2001)).
since Plaintiff is a litigant with three strikes, §
1915(g) precludes him from proceeding in forma
pauperis in the case currently before the Court, unless
he alleges facts to show that he is in imminent danger of
serious physical injury.
Complaint before the Court does not allege that Plaintiff is
in imminent danger of serious physical injury.
Plaintiff's claims center around Defendants' failure
to notarize a document that he filed with the Supreme Court
of the United States.
because the Complaint does not contain allegations suggesting
that Plaintiff is in imminent danger of serious physical
injury, he is not excused from the § 1915(g)
restrictions. Thus, the Court will revoke Plaintiff's
in forma pauperis status, shall not permit Plaintiff
to proceed in forma pauperis, and direct the Clerk
to administratively terminate this case. Plaintiff shall have
an opportunity reopen this action by paying the $400.00
filing fee, within thirty days.
IT IS on this 6th day of April
that Plaintiff's in forma pauperis status is
REVOKED; and it is further
that the Clerk shall ADMINISTRATIVELY TERMINATE this case;
Plaintiff is informed that administrative termination is not
a “dismissal” for purposes of the statute of
limitations, and that if the case is reopened, it is not
subject to the statute of limitations time bar provided the
original complaint was timely; and it is further
that Plaintiff may have the above entitled case reopened, if,
within thirty (30) days of the date of the entry of this
Order, Plaintiff pre-pays the $400 filing fee; and it is
that upon receipt of a writing from Plaintiff stating that he
wishes to reopen this case and the filing fee within the time
allotted by this Court, the Clerk will be directed to reopen
said case; and it is further
that the Clerk shall serve this Memorandum Opinion and Order