Opinion
Civil Action 21-519-SDD-EWD
11-01-2021
JARVIS BROWN #710737 v. JAMES M. LeBLANC, ET AL.
RULING
SHELLY D. DICK UNITED STATES DISTRICT COURT CHIEF JUDGE
This matter comes before the Court in connection with the Court's Order dated October 4, 2021 denying the Plaintiff authorization to proceed in forma pauperis in this case and directing him to pay, by no later than October 25, 2021, the full amount of the Court's filing fee.
'R. Doc. 3.
Pursuant to the “three strikes” provision of 28 U.S.C. § 1915(g), the Court determined that the Plaintiff was not authorized to proceed in forma pauperis herein, denied the Plaintiffs Motion to Proceed in Forma Pauperis, and ordered him to pay, by October 1, 2021, the full amount of the Court's filing fee. The Plaintiff was placed on notice that a failure to comply with the Court's Order “shall result in the dismissal of Plaintiffs action without further notice from the Court.”
See R. Doc. 3.
R. Doc. 3.
In accordance with 28 U.S.C. § 1915, a prisoner filing a civil action or appeal in federal court may be granted in forma pauperis status but is, nonetheless, required to pay the full amount of the Court's filing fee over time in incremental installments. However, such incremental payments are not allowed and pauper status shall be denied where the prisoner has filed, on at least three prior occasions while incarcerated, actions or appeals that have been dismissed as legally baseless. Specifically,
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 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).
In the instant case, the Plaintiff has, on three or more prior occasions while incarcerated, brought actions or appeals in the federal courts that have been dismissed as frivolous or for failure to state a claim upon which relief may be granted.
Cases filed by Plaintiff while incarcerated that have been dismissed by the federal courts as frivolous, malicious, or for failure to state a claim include, but are not limited to, Jarvis Brown v. James M. LeBIanc, et al., No. 19-1004 (W.D. La.); Jarvis J. Brown v. James M. LeBIanc, et al., No. 20-539 (M.D. La.); Jarvis Brown v. Orleans Parish Sheriff Office, et al., No. 19-30922 (5th Cir. 2021).
Accordingly, pursuant to 28 U.S.C. § 1915(g), this Court denied the Plaintiff's motion to proceed in forma pauperis and directed him to pay the full amount of the Court's filing fee by October 25, 2021. A review of the record by the Court reflects that the Plaintiff has failed to pay the filing fee as ordered. Accordingly, IT IS HEREBY ORDERED that the above-captioned proceeding be DISMISSED WITHOUT PREJUDICE for failure of the Plaintiff to pay the Court's filing fee. Judgment shall be entered accordingly.