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08-091 - Norton v. Gregg et al


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08-091 - Norton v. Gregg et al
March 24, 2008
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MEMORANDUM AND ORDER; that possibly, Mr. Norton was prompted to raise his claims in a 2254 petition rather than a civil rights complaint to avoid application of the "three-strikes" provision in 28 U.S.C. 1915(g). While incarcerated, Mr. Norton has had at least three prior civil rights actions in the federal courts, which were dismissed as frivolous or for failure to state a claim for relief. The Court has reviewed the complaint and Mr. Norton does not allege that he is in "imminent danger of serious physical injury". Thus, in order to file this action, he must prepay the entire $350.00 filing fee. Leave to proceed in forma pauperis is DENIED. The complaint shall be filed solely for the purpose of making a record and for statistical purposes and is hereby DISMISSED pursuant to the three-dismissal rule of 28 U.S.C. 1915(g), without prejudice to Mr. Norton's filing of a fee-paid 1983 complaint. The Clerk of Court is DIRECTED not to file, open on this Court's docket, assign a new docket number, or assign to a judge, any future case submitted by Mr. Norton, unless directed to do so by a district judge or magistrate judge of this district.Signed by District Judge J Ronnie Greer on 3/24/08. c/m(KDO)