UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

JAMES ANTHONY BARNES, :

: Civil Action No. 11-3798 (FLW)

Plaintiff, :

:

v. : MEMORANDUM OPINION

:

INTERNAL AFFAIRS, et al., :

:

Defendants. :

APPEARANCES:

JAMES ANTHONY BARNES, Plaintiff pro se

#507188

Mercer County Correction Center

P.O. Box 8068

Lambertville, New Jersey 08610

WOLFSON, District Judge

Plaintiff James Anthony Barnes, a state inmate presently

confined at the Mercer County Detention Center in Lambertville,

New Jersey, seeks to bring this civil action in forma pauperis,

pursuant to 28 U.S.C. § 1915. For the following reasons,

Plaintiff’s request to proceed in forma pauperis will be denied. 

BACKGROUND

Plaintiff’s Complaint alleges unintelligible claims against

the Internal Affairs at the Mercer County Correction Center. The

Complaint is a handwritten jumble of allegations that are mostly 

incomprehensible, rambling and incoherent. The mostly

indecipherable allegations appear to involve general claims of

false imprisonment, homosexual and sexual assault, unsanitary

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conditions of confinement, commissary problems, and allegations

that guards spit in the inmate’s food and beverages. Plaintiff

makes fantastical claims that the guards are involved “in

persuading baby murder,” using animal feces to feed inmates,

causing rapes and stealing inmate’s property. Plaintiff does not

indicate the relief he seeks by way of this Complaint.

DISCUSSION

Plaintiff seeks to proceed with this action in forma

pauperis, pursuant to 28 U.S.C. § 1915.

The Prison Litigation Reform Act of 1995 (“PLRA”), enacted

on April 26, 1996, prohibits a prisoner from bringing a civil

action in forma pauperis pursuant to 28 U.S.C. § 1915 “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.” 28 U.S.C. § 1915(g); see also Keener

v. Pennsylvania Board of Probation & Parole, 128 F.3d 143, 144-45

(3d Cir. 1997) (holding that frivolousness dismissals prior to

enactment of PLRA count as "strikes" under § 1915(g)). A

prisoner who has three or more such dismissals may be excused

from this rule only if he is "under imminent danger of serious

physical injury." Id. When deciding whether an inmate meets the

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“imminent danger" requirement, a court must examine the situation

faced by the inmate at the time of the filing of the complaint,

and a showing of danger in the past is insufficient to

demonstrate “imminent danger.” Abdul-Akbar v. McKelvie, 239 F.3d

307, 312 (3d Cir. 2001).

An examination of court records reveals plaintiff has filed

numerous civil actions in the District of New Jersey. At least

three of these actions have been dismissed under 28 U.S.C. §§

1915(e)(2) and 1915A. See, e.g., Barnes v. Mercer County Court

House, Civil No. 07-1194 (FLW); Barnes v. Trenton State Prison

Medical Department, Civil No. 09-1604 (GEB); Barnes v. Trenton

Police Department, Civil No. 09-5934 (JAP).

Accordingly, Plaintiff has reached the statutory limit as

set forth in 28 U.S.C. § 1915(g) and is precluded from seeking in

forma pauperis status based on the “three strikes” rule unless he

alleges facts to show that he is in “imminent danger of serious

physical injury”, which would excuse him from the restrictions

under § 1915(g).

In his Complaint, Plaintiff makes no allegations or claims

of “imminent danger.” Rather, the Complaint appears to involve 

past incidents of delusory and ludicrous acts of homosexual,

sexual and other outrageous behavior by mostly unidentified

persons allegedly against Plaintiff. As referenced above, the

threat of imminent danger must be prospective and cannot relate

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to a past incident of harm as alleged here. See Abdul-Akbar, 239

F.3d at 312. Therefore, because the Complaint in this action

does not contain sufficient allegations reasonably suggesting

that Plaintiff is in “imminent danger of serious physical

injury”, which would excuse him from the restrictions under §

1915(g), Plaintiff may not proceed in forma pauperis. 

This Court makes no findings as to whether or not Defendant

has violated any state or federal law, or otherwise violated

Plaintiff’s constitutional rights. However, this Court finds

that Plaintiff has not demonstrated “imminent danger” in order to

override the “three strikes” requirement of § 1915(g).

CONCLUSION

Based on the foregoing, Plaintiff’s request to proceed

in forma pauperis will be denied, pursuant to 28 U.S.C. §

1915(g). As set forth in the accompanying Order, Plaintiff’s

case will be administratively terminated. Upon submission of the

filing fee within 30 days, Plaintiff may move to reopen his case,

if he so chooses. 

 S/Freda L. Wolfson 

FREDA L. WOLFSON

United States District Judge

Dated: July 20, 2011

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