United States District Court, M.D. Pennsylvania
November 9, 2005.
HAYWOOD WILLIAMS, JR., Plaintiff,
FEDERAL BUREAU OF PRISONS; PAROLE COMMISSION; JOHN FANELLO, Warden USP Allenwood; VALERIE KEPNER, Acting Supervisor of Education USP Allenwood, Defendants.
The opinion of the court was delivered by: A. CAPUTO, District Judge
Plaintiff Haywood Williams, Jr. (also known as Haywood
Williams-Bey), a federal inmate currently incarcerated at the
Federal Correctional Institution in Petersburg, Virginia, filed
the present action on September 29, 1998. (Doc.1.) Plaintiff
filed an Application To Proceed In Forma Pauperis, which was
granted on June 2, 1999. (Doc. 30.) On April 27, 2005, Defendants
filed a motion to revoke Plaintiff's in forma pauperis status
under § 1915(g). (Doc. 72)
The "three strikes" provision of the Prison Litigation Reform
Act ("PLRA"), codified at 28 U.S.C. § 1915(g) (West 2005),
In no event shall a prisoner bring a civil action or
appeal a judgment in a civil action or proceeding
under this section if the prisoner has, on three 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. Plaintiff has filed over fifty (50) civil cases and appeals since
1985. (Doc. 73-1 at 4-5.) On January 19, 2005, the District Court
of the Eastern District of Virginia, in William v. Brooks, No.
04-0081, slip op. (E.D. Va. Jan. 19, 2005), revoked the
Plaintiff's in forma pauperis status. In doing so, the court
relied on a 1981 order of the same district, which placed an
injunction against the Plaintiff from filing any more frivolous
suits. (Doc.73-1 at 3.) In the 1981 order, the court issued an
injunction based on the fact that from June 1980 to August 1981,
Plaintiff has "filed six meritless suits in the [Eastern District
of Virginia Court]." (Doc. 73-1 at 4) (quoting William v.
Smith, No. 80-882-N, Order at 1-2 (E.D. Va. Oct. 2, 1981). The
Court finds that the previous injunction applies to the Plaintiff
in this case. Consequently, Plaintiff's in forma pauperis
status will be revoked.
The Court notes that Plaintiff does not argue that he qualifies
for a § 1915(g) exception as he does not allege that he was under
imminent danger of physical injury at the time that his complaint
Now, this 9th day of November, 2005, IT IS HEREBY ORDERED
(1) Defendant's motion to revoke Plaintiff's in
forma pauperis status (Doc. 72) is GRANTED.
(2) Plaintiff's in forma pauperis status is
(3) Plaintiff has thirty (30) days to pay the filing
(4) The Clerk of the Court shall mark this case
CLOSED if payment is not received within thirty
(30) days of the date of this Order.
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