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Case 1:13-cv-00146-WLS-TQL Document 6 Filed 09/19/13 Page 1 of 3



IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA

ALBANY DIVISION






WILLIE SAM BIVINS,







VS.

Plaintiff,

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_____________________________________


Sheriff KEVIN SPROUL, et al.,

Defendants.

















NO. 1:13-CV-146 (WLS)


O R D E R

Plaintiff WILLIE SAM BIVINS, a pretrial detainee at the Dougherty County Jail

(“DCJ”), has filed a pro se civil rights complaint under 42 U.S.C. § 1983 (Doc. 1). He has also

submitted a motion to proceed in forma pauperis (Doc. 2).

Plaintiff alleges that he was denied due process in connection with the filing of three

“frivolous” disciplinary reports and his disciplinary hearing that resulted in disciplinary

segregation for 120 days. Plaintiff additionally alleges that the conditions of confinement in

disciplinary segregation are “extremely harsh.” Specifically, Plaintiff complains that his cell is

not equipped with a sink. As a result, he is unable to wash his hands after using the toilet and he

receives running water only when an officer gives it to him, which has resulted in dehydration.

Plaintiff claims that the dehydration has caused a “very sore esophagus,” difficult bowel

movements, and anal pain and bleeding. Plaintiff additionally claims that his cell is dark at night,

which resulted in his falling several times, and that he is allowed out of his cell for only one hour,

every other day.



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Case 1:13-cv-00146-WLS-TQL Document 6 Filed 09/19/13 Page 2 of 3

Under 28 U.S.C. § 1915(g), the “three strikes rule” of the Prison Litigation Reform Act, “in

no event” shall a prisoner bring an in forma pauperis civil action or appeal:

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 Eleventh Circuit has upheld the constitutionality of the above “three strikes” rule in

concluding it does not violate an inmate’s right of access to the courts, the doctrine of separation of

powers, an inmate’s right to due process of law, or an inmate’s right to equal protection. Rivera v.

Allin, 144 F.3d 719, 721-27 (11th Cir. 1998). Moreover, the prisoner must allege a present

danger, as opposed to a past danger, to proceed under the imminent danger exception to

section1915(g). Medberry v. Butler, 185 F.3d 1189, 1193 (11th Cir. 1999).

Plaintiff has filed several lawsuits in the United States District Courts, at least three of

which were dismissed under circumstances that constitute “strikes” for purposes of section

1915(g). See Bivins v. Edwards, 1:13-cv-1 (WLS) (listing cases). As Plaintiff has three strikes,

he cannot proceed in forma pauperis in the instant case unless he qualifies for the “imminent

danger of serious physical injury” exception to section 1915(g).

Plaintiff’s claims regarding the disciplinary process and his limited time outside his cell do

not remotely approach allegations of imminent danger of serious physical injury. Moreover, the

other conditions about which Plaintiff complains are not sufficiently serious to satisfy this

exception to the “three strikes rule.”

Plaintiff’s request to proceed in forma pauperis is accordingly DENIED and the instant

action is DISMISSED WITHOUT PREJUDICE. If Plaintiff wishes to bring a new civil rights

action, he may do so by submitting a new complaint form and the entire $350.00 filing fee. As the



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Case 1:13-cv-00146-WLS-TQL Document 6 Filed 09/19/13 Page 3 of 3

Eleventh Circuit stated in Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002), a prisoner

cannot simply pay the filing fee after being denied in forma pauperis status; he must pay the filing

fee at the time he initiates the suit.

SO ORDERED, this 19th day of September, 2013.

_/s/ W. Louis Sands________________________
W. LOUIS SANDS
UNITED STATES DISTRICT JUDGE

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