MUMIN v. FRAKES

No. 4:17CV3032.

DUKHAN MUMIN, Plaintiff, v. SCOTT FRAKES, et al., Defendants.

United States District Court, D. Nebraska.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Prisoner Civil Rights
Nature of Suit: 550 Prisoner: Civil Rights
Source: PACER


Attorney(s) appearing for the Case

Dukhan Mumin, Plaintiff, Pro Se.


MEMORANDUM AND ORDER

RICHARD G. KOPF, Senior District Judge.

Plaintiff has filed a notice of appeal (Filing No. 24), which the court liberally construes as including a request to proceed in forma pauperis on appeal.

Plaintiff is a prisoner who has not been allowed to proceed in forma pauperis in this action because he has on three prior occasions, while incarcerated, brought an action in this court that was dismissed as frivolous or for failure to state a claim upon which relief can be granted, and Plaintiff has not shown he is in imminent danger of serious physical injury. See 28 U.S.C. §1915(g).

In his notice of appeal, Plaintiff reasserts that he will suffer respiratory damage because of exposure to methane gas and black mold, but, as explained in the court's previous memorandum and order (Filing No. 22), this speculative injury does not fall within the exception to § 1915(g).

Accordingly,

IT IS ORDERED that Plaintiff's request to proceed in forma pauperis on appeal is denied.


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