IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION RANDY WILLIAMS PLAINTIFF Ne. 4:20CV29-GHD-RP LEE SIMON, ET AL. DEFENDANTS

ORDER REVOKING PLAINTIFF'S IN FORMA PAUPERIS STATUS FOR ACCUMULATING THREE “STRIKES” — AND REQUIRING PAYMENT OF THE FULL FILING FEE WITHIN 21 DAYS OF THE DATE OF THIS ORDER The defendants have moved [67] to revoke the plaintiff’s in forma pauperis status because he has violated the “three strikes” provision of the Prison Litigation Reform Act (“PLRA”). See 28 § 1915(g). The pro se prisoner plaintiff, an inmate in the custody of the Mississippi Department of Corrections, has submitted a complaint challenging the conditions of his confinement under

, Section 1915(g) provides: 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 3 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. ‘The plaintiff accumulated “strikes” under 28 U.S.C, § 1915(g) in the following cases: Willianas v. Management and Training Corp., et al. No. 5:19-cv-87-DCB-MTP (S.D. Miss. Jan. 31, 2020) (dismissed with prejudice for failure to obey Court orders and failure to prosecute); Williams v. Davis, et al. No. 5:17-cv-59-MTP (S.D, Miss, Mar. 28, 2018) (dismissed with prejudice pursuant to 28 § 1915@e)2\B)G)); Williams v. Perry, et al. No, [:15-cv-397-RHW (S.D. Miss, Oct, 27, 2016) (dismissed with prejudice for failure to state a claim pursuant to 28 U.S.C, § 1915(d)\(2)(B)ii

and § 19§SA(b)(1)); and Williams v. Johnson, No, 4:00-cv-18-TSL (S.D. Miss. Mar, 23, 2000) (dismissed as frivolous). Mr. Williams has not alleged that he was under imminent danger of serious physical injury at the time he filed the instant suit. He complains of being attacked by other inmates at the Mississippi State Penitentiary in 2018; however, he had been moved to the Central Mississippi Correctional Facility by the time he filed the instant suit in 2020. In “using the term ‘imminent,’ Congress indicated that it wanted to include a safety valve for the ‘three strikes’ rule to prevent impending harms, not those harms that had already occurred.’” Id. (quoting Malik v. McGinnis,

(2° Cir, 2002); Abdul-Akbar v. McKelvie,

(34 Cir. 2001)). For these reasons, Williams’ complaint does not satisfy the “imminent harm” standard of 28 US.C. § 1915(g). The plaintiff has accumulated at least three “strikes” and has thus abused his in forma pauperis privileges, and those privileges are REVOKED. As such, it is ORDERED that the plaintiff must pay the full filing fee within 21 days of the date of this order, Ifthe plaintiff fails to pay the filing fee within 21 days, then the Clerk of the Court is DIRECTED to dismiss this case without further action by the court. SO ORDERED, this, the Ve day of October, 2022.

SENIOR US, DISTRICT JUDGE