UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK KEVIN GAMBLE, Plaintiff, 23-CV-4598 (LTS) -against- BAR ORDER UNDER NYPD OFFICER SOHRAL PEERZADA, et

(g) al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff files this action pro se and seeks to proceed in forma pauperis. On June 5, 2023, the Court (1) noted that while Plaintiff was a prisoner, he had filed three or more cases that were dismissed as frivolous, malicious, or for failure to state a claim, and (2) ordered Plaintiff, within 30 days, to show cause by declaration why he should not be barred under

(g) from filing further actions in forma pauperis in this Court while he is a prisoner. The complaint also does not show that Plaintiff is under imminent threat of serious physical injury. Plaintiff did not respond to the order to show cause. CONCLUSION The Court finds that 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. Under

(g), Plaintiff cannot file future actions in forma pauperis in this Court while he is a prisoner unless he is under imminent threat of serious physical injury. The Court denies Plaintiff’s request to proceed in forma pauperis and dismisses the complaint without prejudice under the PLRA’s “three-strikes” rule.1 See

(g).

1 Plaintiff may commence a new action by paying 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 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 Clerk of Court is directed to enter judgment in this action.

SO ORDERED. Dated: July 17, 2023 New York, New York

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

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).