In Rivera v. Allin, 144 F.3d 719, 731 (11th Cir. 1998), the Court determined that the "three strikes"
provision of 28 U.S.C. § 1915(g), which requires frequent filer prisoner indigents to prepay the entire filing
fee before federal courts may consider their cases and appeals, "does not violate not violate the First
Amendment right to access the courts; the separation of judicial and legislative powers; the Fifth Amendment
right to due process of law; or the Fourteenth Amendment right to equal protection, as incorporated through
the Fifth Amendment."
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
GREGORY LEE, #184 070
ORDER AND RECOMMENDATION OF THE MAGISTRATE JUDGE
On May 19, 2006, Gregory Lee, an inmate incarcerated at the Staton Correctional
Facility located in Elmore, Alabama, filed the instant civil rights action. Plaintiff requests
leave to proceed in this action in forma pauperis.
Under the provisions of 28 U.S.C. § 1915, a prisoner is not allowed to bring a civil
action or proceed on appeal in forma pauperis if he “has, on 3 or more 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).
Case 2:06-cv-00451-WKW-VPM Document 3 Filed 05/24/2006 Page 1 of 4
Lee v. Thomas (INMATE2)
Court records establish that Plaintiff, while incarcerated or detained, has on at least
three occasions had civil actions and/or appeals dismissed as frivolous, as malicious, for
failure to state a claim and/or for asserting claims against defendants who were immun