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1

 Plaintiff originally filed this action in the United States District Court for the Southern

District of Iowa. However, that court concluded that venue was not proper in the Southern District of

Iowa and therefore transferred the action to this district.

ORDER DENYING APPLICATION 

TO PROCEED IN FORMA PAUPERIS

PAGE - 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

CHRISTOPHER S. JOHNSON, )

)

Plaintiff, ) CASE NO. C05-1874RSL-MJB

)

v. )

)

GQ MAGAZINE, el al., ) ORDER DENYING PETITIONER’S 

) APPLICATION TO PROCEED 

Defendants. ) IN FORMA PAUPERIS

____________________________________)

Plaintiff is a state prisoner who is currently incarcerated at the Special Offender Unit of the

Monroe Correctional Complex in Monroe, Washington. He has filed a civil rights action under 42

U.S.C. § 1983 in which he alleges that an employee of GQ magazine and an employee at the Stafford

Creek Corrections Center (“SCCC”) conspired to discontinue plaintiff’s five year prepaid subscription

to GQ magazine without compensation.1

 Plaintiff also complains that the GQ employee revealed

plaintiff’s confidential account information to the SCCC employee. Plaintiff identifies as defendants in

this action GQ magazine, GQ magazine receptionist Ammanda, and SCCC Counselor Phillip Bowers. 

The Court, having reviewed plaintiff’s complaint, and his application to proceed with this

action in forma pauperis, does hereby find and ORDER as follows:

(1) A review of plaintiff’s prior litigation in federal court reveals that plaintiff has had three

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2

 Section 1915(g) was enacted as part of the 1996 Amendments to the Prison Litigation

Reform Act, Pub.L. No. 104-134, 110 Stat. 1321, § 804(d) (“PLRA”) and provides that: 

In no event shall a prisoner bring a civil action or appeal . . . under this section if the

prisoner has, on 3 or more 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. 

28 U.S.C. § 1915(g).

3

 Using the framework provided by the Ninth Circuit in Andrews v. King, 398 F.3d 1113,

1120 (9th Cir. 2005), the Court found that plaintiff had accumulated three strikes in an Order entered

in a previous case. (See Case No. C05-748-MJP-JPD, Dkt. No. 10).

ORDER DENYING APPLICATION 

TO PROCEED IN FORMA PAUPERIS

PAGE - 2

lawsuits dismissed pursuant to 28 U.S.C. § 1915(g):2 Johnson v. Phipps, et al., Case No. C04-5190-

RJB, Johnson v. Washington Dep’t of Corrections, et al., Case No. C05-5086-RBL, and Johnson v.

Reichert, et al., Case No. C02-674-JCC.3 Thus, plaintiff’s IFP application is barred by 

§ 1915(g) unless he can show that he meets the exception provided by that rule, i.e., he can show that

he “is under imminent danger of serious physical injury.” 28 U.S.C. § 1915(g). Plaintiff does not

allege in his complaint that he “is under imminent danger of serious physical injury.” Moreover, the

facts alleged in the complaint would support no such assertion.

(2) Accordingly, plaintiff’s application to proceed in forma pauperis is DENIED pursuant

to 28 U.S.C. §1915(g). Plaintiff shall pay the filing fee ($250.00) to the Clerk within 30 days from the

date of this Order or the case shall be dismissed. 

(3) The Clerk is directed to send copies of this Order to plaintiff and to Judge Benton. 

DATED this 16th day of November, 2005.

A

Robert S. Lasnik

United States District Judge 

Recommended for Entry

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ORDER DENYING APPLICATION 

TO PROCEED IN FORMA PAUPERIS

PAGE - 3

this 15th day of November, 2005

 /s/Monica J. Benton 

MONICA J. BENTON

United States Magistrate Judge

Case 2:05-cv-01874-RSL Document 7 Filed 11/16/05 Page 3 of 3