*1 Case 1:06-cv-00923-TWT Document 2 Filed 05/08/06 Page 1 of 2 o, 4eody,Tyq~i v n Q~ ?y~~ ~t ~~fa IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA a Ir ATLANTA DIVISION PRISONER CIVIL RIGHTS
JAMES E. THOMPSON, 42 U.S.C. § 1983 Plaintiff, V . CIVIL ACTION NO .
PHIL WILEY, et al ., 1 :06-CV-0923-TWT
Defendants . ORDER and OPINION
Plaintiff, James E . Thompson, incarcerated at the Gwinnett County Detention Center in Lawrenceville, Georgia, has submitted this civil rights action without prepayment of the filing fee . (Doc. No. 1 .) Plaintiff brings this action against Phil Wiley, Assistant District Attorney; Tom Ford, defense attorney ; and Elizabeth Donegan, psychologist, and complains that he has been the subject of a conspiracy to unjustly institutionalize and prosecute him . (Id. ¶ IV .) Plaintiff seeks injunctive relief and damages. (Id. ¶ V.)
Section § 1915(g) of Title 28 does not allow a prisoner to bring an in forma auv ~eris civil action in federal court " ifthe prisoner has, on 3 or more prior occasions, while incarcerated . . . , 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 AO 72A (Rev. 8/ 82)
Case 1:06-cv-00923-TWT Document 2 Filed 05/08/06 Page 2 of 2 serious physical injury ." When § 1915(g) does not allow a prisoner to proceed in forma ap u~eris_, the complaint should be dismissed without prejudice, and, a prisoner wishing to pursue his or her claims must refile the action with full payment of the filing fee. See Dunree v . Palmer, 284 F .3d 1234,1236 (11th Cir . 2002).
Plaintiff, while incarcerated, has filed at least three civil actions that have been dismissed as frivolous, malicious, or for failure to state a claim . See Thomp_s_on v. Gwinnett County, 1 :OS-CV-1937-TWT (N .D. Ga. August 24, 2005); Thompson v . Porter, 1 :05-CV-1634-WBH (July 7,2005) ; Thom son v . State of Geor ia, 1 :05-CV- 0468-WBH (N.D. Ga. Mar. 28, 2005). Plaintiff's allegations concerning his unjust prosecution do not involve any allegations of an imminent threat of serious injury . Thus, leave to proceed in forma uauperis is not warranted, and this case is due to be dismissed .
IT IS ORDERED that Plaintiff is DENIED in forma naWeris status. IT IS FURTHER ORD ERED that the instant action is hereby DISMISSED WITHOUT PREJUDICE.
IT IS SO ORD ERED, this p day of *;1f , 2006. THOMAS W. THRASH, JR.
UNITED STATES DISTRICT JUDGE 2 AO 7 2 A (Rev. 8182)