In Rivera v. Allin, 144 F.3d 719, 731 (11 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 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
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
VINCENT F. RIVERA, #518 548
BOB RILEY, GOVERNOR, et al.
ORDER AND RECOMMENDATION OF THE MAGISTRATE JUDGE
On May 2, 2006, Vincent Rivera, an inmate incarcerated in the Florida State Prison
located in Raiford, Florida, filed an application for leave to proceed in forma pauperis. See
28 U.S.C. § 1915(a). Pursuant to the directives of 28 U.S.C. § 1915(g), 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."1
Case 2:06-cv-00394-WKW-CSC Document 3 Filed 05/08/2006 Page 1 of 4
Rivera v. Riley et al (INMATE2)
As the court in Rivera v. Bush, et al., Civil Action No. 3:05-CV-444-J-32HTS (M.D. Fla. 2005)
noted, Rivera has a long history of frivolous and abusive filings and his ability to file pleadings with that
court have now been limited.