UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ALVIN FULTON, Plaintiff, 21-CV-0339 (CM) -against- BAR ORDER UNDER MICHAEL CAPRA; W. WYLLIE; JOHN

(g) DOE CORRECTIONS OFFICER, Defendants. COLLEEN McMAHON, United States District Judge: Plaintiff files this action pro se and seeks to proceed in forma pauperis (IFP). On February 16, 2021, the Court noted that while a prisoner, Plaintiff had filed three or more cases that were dismissed as frivolous, malicious, or for failure to state a claim, and it ordered Plaintiff to show cause by declaration within thirty days why he should not be barred under

(g) from filing further actions IFP in this Court while he is a prisoner. In response, Plaintiff filed a letter and a declaration (ECF Nos. 6-7) but neither provides sufficient reason to conclude that the § 1915(g) bar does not apply. CONCLUSION While Plaintiff was a prisoner, he filed three or more cases that are deemed strikes because they were dismissed as frivolous, malicious, or for failure to state a claim. Plaintiff has not shown cause why the § 1915(g) bar does not apply, and thus he is barred from filing future actions IFP in this Court while a prisoner unless he seeks relief for an imminent threat of serious physical injury.1 Although Plaintiff argues that this action is meritorious, nothing in the

1 Plaintiff is warned that the submission of frivolous documents may result in the imposition of additional sanctions, including monetary penalties. See

. complaint or subsequent submissions suggests that he is in imminent danger of serious physical injury and that his claims have some nexus to such a danger. Instead, Plaintiff’s claims arise from an incident in the past at a facility where he no longer resides. The Court denies Plaintiff’s request to proceed IFP in this action, and the complaint is dismissed under the PLRA’s “three-strikes” rule, without prejudice to Plaintiff’s refiling it.” See

(g). The Court certifies under 28 U.S.C. $ 1915(a)(3) that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States,

(1962). SO ORDERED. Dated: March 5, 2021 , New York, New York bie. l Wyk COLLEEN McMAHON Chief United States District Judge

? Plaintiff may commence a new action with prepayment of the filing fee. If Plaintiff does so, that complaint will be reviewed under 28 U.S.C. § 1915A, which requires the Court to dismiss any civil rights complaint from a prisoner if it ““(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief.” 28 U.S.C. § 1915A(b).