`Case 1:11-cv-00403-CBA-LB Document 4 Filed 02/09/11 Page 1 of 3 PageID #: 28
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`NOT FOR PUBLICATION
`
`AMENDED MEMORANDUM
`& ORDER
`ll-CV-403 (CBA)
`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF NEW YORK
`---------------------------------------------------------------}(
`
`ALONZO DEAN SHEPHARD,
`
`-against-
`
`Plaintiff,
`
`U.S President BARACK OBAMA; U.S.Former
`President WILLIAM J. CLINTON; U.S Former
`President GEORGE W. BUSH; U.S. Vice President
`JOE BIDEN; U.S. Former DICK CHENEY; U.S.
`Senator PATRICK LEAHY; U.S. Speaker of the
`House NANCY PELOSI; U.S. Secretary of State
`HILLARY CLINTON; U.S. FBI Director ROBERT
`MUELLER; U.S. CIA Director LEON PANETTA;
`U.S. Former State Department CONDALIZZA RICE;
`U.S. CIA Former Director MICHAEL HAYDEN;
`U.S. National Security Dir. JAMES JONES; U.S.
`National Security Dir. Mr. BRENNON; U.S. Senator
`SHARROD BROWN; U.S. Former Attorney General
`MICHAEL MUKASEY; U.S. Attorney General ERIC
`HOLDER; U.S. GEORGE SMITH, U.S. ALGENNON
`MARBLEY; U.S. EDWARD SARGUS; U.S.
`Magistrate MARK ALBE; US.S.A. SPIEGAL; U.S.
`SUSAN OLOTT; U.S. SANDRA BECKWITH; U.S.
`HERMAN WEBER; U.S. HERBERT RICE; U.S.
`Magistrate M. MERZ; U.S. Postmaster General
`JOHN POTTER; U.S. MARK LUKIVANC; U.S.
`C.D.C. ALI KHUN; U.S. F.D.A. STEPHEN
`SUNDLUP; JANET NAPOLITANO; JOHN
`ASHCROFT,
`
`Defendants.
`---------------------------------------------------------------}(
`AMON, United States District Judge:
`
`On January 18,2011, plaintiff Alonzo Dean Shephard, incarcerated at the Southern Ohio
`
`Correctional Facility in Ohio, commenced this pro se action against defendants alleging violations
`
`under 42 U.S.C. § 1983. He seeks damages and injunctive relief. Plaintiff also seeks in forma
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`pauperis status. The Court denies in forma pauperis status and dismisses the complaint without
`
`
`
`Case 1:11-cv-00403-CBA-LB Document 4 Filed 02/09/11 Page 2 of 3 PageID #: 29
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`prejudice.
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`While incarcerated, plaintiffhas filed over 150 cases in the Ohio federal district and appellate
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`courts. See https://pcl.uscourts.gov (last visited Jan. 26, 2011). In Shephard v. Pope, No. I :09-cv-
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`16, slip op. at 2 (S.D. Ohio, Jan. 29, 2009), the Honorable Herman J. Weber, United States District
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`Judge, noted that plaintiff has been barred since 1996 from filing "any civil action in this Court in
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`forma pauperis because he previously filed at least three frivolous actions in the federal courts."
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`(citation omitted). Plaintiff s two prior cases in this Court were dismissed for failure to state a claim.
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`Shephard v. President & CEO of Music by Mail, No. 08 CV 3117 (CBA) (E.D.N.Y. July 31, 2008);
`
`Shephard v. CBS President, No. 10 CV 423 (CBA) (E.D.N.Y. Mar. 5,2010).
`
`The Prison Litigation Reform Act provides that
`
`In no event shall a prisoner bring a civil action ... [in forma pauperis]
`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).
`
`Plaintiff s allegations do not support a determination that he is in "imminent danger of
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`serious physical injury" so as to come within the exception. Malik v. McGinnis, 293 F.3d 559, 563
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`(2d Cir. 2002); see also Polanco v. Hopkins, 510 F.3d 152 (2d Cir. 2007) (upholding
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`constitutionality of § 1915(g)). Accordingly, the complaint is dismissed.
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`Nothing in this order precludes plaintiff from paying the full filing fee and bringing a new
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`civil action in this Court or any other, but plaintiff is warned that a person who files fee-paid civil
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`actions that are dismissed for the reasons specified in § 1915(g) may be barred from filing any future
`
`2
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`
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`Case 1:11-cv-00403-CBA-LB Document 4 Filed 02/09/11 Page 3 of 3 PageID #: 30
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`action without leave of Court. See 28 U.S.C. § 1651(a); MLE Realty Assocs. v. Handler, 192 F.3d
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`259,261 (2d Cir. 1999).
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`Moreover, plaintiff is further advised that any civil action arising from the conditions of his
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`incarceration in Ohio must be filed in the appropriate district court in Ohio and not here.
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`The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken
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`in good faith and therefore in forma pauperis status is denied for the purpose of any appeal.
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`Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to enter
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`judgment and to close this case.
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`SO ORDERED.
`
`Dated: Brooklyn, New York
`February ~ ,2011
`
`Carol Hagle)/' 1Junorf
`United States Di'lrtrict Judge
`
`3
`
`/S/
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