Opinion
CIVIL ACTION NO. 09-305.
May 11, 2009
MEMORANDUM ORDER
Before the court is a pro se civil rights complaint filed by plaintiff Garry Prater. Plaintiff is an inmate in the custody of Louisiana's Department of Public Safety and Corrections incarcerated at the Beauregard Parish Jail, DeRidder, Louisiana.
Plaintiff asked to be allowed to proceed in forma pauperis pursuant to the provisions of 28 U.S.C. § 1915. [Doc. #4]. On March 12, 2009, his motion was granted. [Doc. #6]. Further review of the court records reveals that plaintiff has filed at least eleven (11) lawsuits and at least three complaints were dismissed as frivolous and/or for failure to state a claim.
See, Prater v. Peshon, et al, 97-cv-1901; Prater v. Burton, et al, 01-cv-1141; Prater v. Phelps Correctional Center, et al, 04-cv-886; and, Prater v. Monical, et al, 96-cv-2670.
According to 28 U.S.C. § 1915, "Proceedings in forma pauperis":
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).
Plaintiff's present claims center on complaints that excessive force was used when he was arrested, and that he was denied adequate medical care. He prays for injunctive relief, and compensatory damages. He makes no factual allegations to support a finding that he is "in imminent danger of serious physical injury."
In short, plaintiff is not eligible to proceed in forma pauperis in this matter. Therefore, IT IS ORDERED that plaintiff's in forma pauperis status [Doc. #6] is hereby REVOKED and RESCINDED; IT IS FURTHER ORDERED that in order for this complaint to remain viable, plaintiff must pay the full filing fee of $350.00 within twenty (20) days from the date of this order. FAILURE TO PAY THE FULL FILING FEE WILL RESULT IN THE PLEADINGS BEING STRICKEN FROM THE RECORD.