Harris v. United States ( 2014 )

Case: 14-5005 Document: 17 Page: 1 Filed: 06/04/2014
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
WILLIAM OSCAR HARRIS,
Plaintiff-Appellant,
v.
UNITED STATES,
Defendant-Appellee.
______________________
2014-5005
______________________
Appeal from the United States Court of Federal
Claims in No. 1:13-cv-00069-VJW, Judge Victor J. Wolski.
______________________
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
Case: 14-5005 Document: 17 Page: 2 Filed: 06/04/2014
2 HARRIS v. US
actions or appeals have been dismissed as frivolous or
malicious or for failure to state a claim:
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 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).
The court notes that three or more actions or appeals
filed by Harris have been dismissed as frivolous, as mali-
cious, or for failure to state a claim. See Harris v. United
States, No. 1:13-cv-00879-UNA (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.
1:13-cv-01144-UNA (D.D.C. July 29, 2013). Moreover,
Harris has not suggested that he is in imminent danger of
serious physical injury.
Accordingly,
IT IS ORDERED THAT:
If Harris does not pay the $455 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
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