UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JOSEPH C. McGHEE-BEY, Plaintiff, 1:21-CV-6396 (LTS) -against- BAR ORDER UNDER

(g) UNITED STATES OF AMERICA, et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff Joseph C. McGhee-Bey appears pro se in this action. By order dated August 23, 2021, the Court: (1) noted that while Plaintiff Joseph C. McGhee-Bey has been a prisoner, he has filed three federal civil actions that were dismissed as frivolous or for failure to state a claim on which relief may be granted, and (2) ordered Plaintiff Joseph C. McGhee-Bey, within 30 days, to either pay the $402 in fees to bring this action or show cause by declaration why the Court should not regard him as barred, under the Prison Litigation Reform Act’s (“PLRA”) “three- strikes” rule,

(g), from filing federal civil actions in forma pauperis (“IFP”) while he is a prisoner. Plaintiff Joseph C. McGhee-Bey has neither paid the fees nor filed a declaration within the time allowed. CONCLUSION The Court finds that while Plaintiff Joseph C. McGhee-Bey has been a prisoner, he has filed three federal civil actions that are deemed strikes because they were dismissed as frivolous or for failure to state a claim on which relief may be granted. Because Plaintiff Joseph C. McGhee-Bey has failed to file a declaration as previously ordered, the Court regards him as barred, under

(g), from filing federal civil actions IFP while he is a prisoner, unless he is under imminent danger of serious physical injury. The Court warns Plaintiff Joseph C. McGhee-Bey that the submission of frivolous documents may result in the imposition of additional sanctions, including monetary penalties. See

. The Court dismisses Plaintiff Joseph C. McGhee-Bey’s claims without prejudice under the PLRA’s “three-strikes” rule.1 See

(g). This order closes this action.

The Court certifies under

(a)(3) that any appeal from this order would not be taken in good faith and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States,

(1962). The Court directs the Clerk of Court to mail a copy of this order to Plaintiff Joseph C. McGhee-Bey and note service on the docket. SO ORDERED. Dated: October 27, 2021 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge

1 Plaintiff Joseph C. McGhee-Bey may commence a federal civil action by paying the fees to bring such an action, which currently total $402 per federal civil action. If he does so, that action 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).