Dixon v. United States

U.S. Court of Appeals for the Federal Circuit

Dixon v. United States

Opinion

Case: 14-5056 Document: 15 Page: 1 Filed: 04/17/2014

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

ECHO WESTLEY DIXON, Plaintiff-Appellant,

v.

UNITED STATES, Defendant-Appellee. ______________________

2014-5056 ______________________

Appeal from the United States Court of Federal Claims in No. 1:13-cv-00843-NBF, Judge Nancy B. Fire- stone. ______________________

ON MOTION ______________________

PER CURIAM. ORDER Echo Westley Dixon moves for leave to proceed in forma pauperis. Dixon also moves to supplement his informal brief. Dixon is currently incarcerated. Pursuant to the Prison Litigation Reform Act (PLRA), a prisoner is barred from proceeding in forma pauperis if three or more prior Case: 14-5056 Document: 15 Page: 2 Filed: 04/17/2014

2 DIXON v. US

actions or appeals have been dismissed as frivolous or malicious or for failure to state a claim. Section 1915(g) of 28 U.S.C. states: 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 de- tained 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 sate a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury. 28 U.S.C. § 1915(g). The court notes that three or more actions or appeals filed by Dixon have been dismissed as frivolous, mali- cious, or for failure to state a claim. See Dixon v. Grant, No. 08-CV-7364, ECF No. 16, 17 (S.D.N.Y. Feb. 17, 2010). Moreover, Dixon has not suggested that he is in imminent danger of serious physical injury. Thus, Dixon is barred by statute from proceeding in forma pauperis in this appeal. See 28 U.S.C. § 1915(g). Accordingly, IT IS ORDERED THAT: (1) If Dixon does not pay the $ 505 filing fee within 30 days of the date of this order, his appeal will be dismissed. (2) Dixon’s motion to supplement his informal brief is granted. FOR THE COURT

/s/ Daniel E. O’Toole Daniel E. O’Toole Clerk of Court Case: 14-5056 Document: 15 Page: 3 Filed: 04/17/2014

DIXON v. US 3

s24

Reference

Status
Unpublished