Harris v. United States

Case: 14-5083 Document: 11 Page: 1 Filed: 06/13/2014 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ WILLIAM OSCAR HARRIS, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee. ______________________ 2014-5083 ______________________ Appeal from the United States Court of Federal Claims in No. 1:13-cv-00824-LJB, Judge Lynn J. Bush. ______________________ ON MOTION ______________________ PER CURIAM. ORDER William Oscar Harris moves for leave to proceed in forma pauperis. Harris 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 actions or appeals have been dismissed as frivolous or malicious or for failure to state a claim: Case: 14-5083 Document: 11 Page: 2 Filed: 06/13/2014 2 HARRIS v. US 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 Harris have been dismissed as frivolous, mali- cious, or for failure to state a claim. See Harris v. United States, No. 13-0879 (D.D.C. June 11, 2013); Harris v. United States, No. 2:13-cv-214-WTL-MJD (S.D. Ind. July 15, 2013); Harris v. Fed. Bureau of Prisons, No. 13-1144 (D.D.C. July 29, 2013). Moreover, Harris has not sug- gested that he is in imminent danger of serious physical injury. Accordingly, IT IS ORDERED THAT: If Harris does not pay the $505 filing fee within 30 days of the date of this order, his appeal will be dismissed. FOR THE COURT /s/ Daniel E. O’Toole Daniel E. O’Toole Clerk of Court s24