Opinion
NO. 4:15-CV-45-DMB-SAA
06-18-2015
STANLEY MONTGOMERY PLAINTIFF v. MARSHALL FISHER, ET AL. DEFENDANTS
ORDER
The Court, sua sponte, reconsiders the in forma pauperis status of pro se prisoner Stanley Montgomery under the Prison Litigation Reform Act ("PLRA"). Under the PLRA, an inmate may not proceed in forma pauperis in a civil action if he has had three or more cases dismissed ("three strikes") as frivolous, malicious, or for failure to state a claim upon which relief may be granted, unless he is under imminent danger of serious physical injury. 28 U.S.C. § 1915(g). The Court recently determined that Montgomery has already accumulated at least three strikes. See Montgomery v. Mississippi Department of Corrections, 4:15-CV-21-DMB-JMV (Doc. #7). Thus, pursuant to 28 U.S.C. § 1915(g), Montgomery may proceed as a pauper only if he can demonstrate that he is in imminent danger of serious physical harm.
Section 1915(g) provides that "[i]n 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 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."
In Montgomery v. Mississippi Department of Corrections, 4:15-CV-21-DMB-JMV, the Court found that Montgomery accumulated "strikes" under 28 U.S.C. § 1915(g) in the following cases: Montgomery v. Palmer, 1:12-CV-73 (Doc. #41, failure to state claim); Montgomery v. Mississippi Department of Corrections, 1:14-CV-8 (Doc. #16, failure to state claim); and Montgomery v. Mississippi Department of Corrections, 3:14-CV-79-DPJ-FKB (S.D. Miss.) (Doc. #12, duplicative lawsuit dismissed as malicious). Montgomery also earned a fourth strike in Montgomery v. State of Mississippi, 1:14-CV-125 (Doc. #12 & Doc. #13, failure to state claim under holding in Heck v. Humphrey, 512 U.S. 477 (1994)).
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Montgomery has submitted a complaint in this case challenging the conditions of his confinement under 42 U.S.C. § 1983. Upon careful review, his allegations do not raise an inference that he is in immenent danger of serious physical harm.
It is therefore ORDERED that Montgomery's pauper status is REVOKED, and the prior order [6] granting him leave to proceed in forma pauperis is WITHDRAWN.
It is further ORDERED that Montgomery must pay the filing fee within twenty-one (21) days of the date of this order. If Montgomery fails to pay the filing fee within twenty-one (21) days, the Clerk of the Court is DIRECTED to dismiss this case without further action by the Court.
SO ORDERED, this 18th day of June, 2015.
/s/ Debra M. Brown
UNITED STATES DISTRICT JUDGE