Opinion
Civil Action 22-218-JWD-SDJ
06-21-2022
MARION TAYLOR #558611 v. UNKNOWN
RULING
JOHN W. DEGRAVELLES JUDGE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA
This matter comes before the Court in connection with the Court's Order dated, May 19, 2022, directing Plaintiff to pay, by no later than June 10, 2022, 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 and ordered him to pay, by June 10, 2022, 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 Plaintiff's 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 or appeals filed by Plaintiff while incarcerated that have been dismissed by the federal courts as frivolous or for failure to state a claim include, but are not limited to Taylor, et al. v. State of Louisiana Legislation Branch, et al., No. 18-1026 (M.D. La.); Taylor v. LeBlanc, et al., No. 19-537 (M.D. La.); Taylor v. LeBlanc, No. 20-30264 (5th Cir.) (also noting that Taylor had accumulated three strikes and was barred from proceeding in forma pauperis in any civil action or appeal filed in a court of the United States while he is incarcerated or detained in any facility unless he is under imminent danger of serious physical injury).
Accordingly, pursuant to 28 U.S.C. § 1915(g), this Court directed Plaintiff to pay the full amount of the Court's filing fee by June 10, 2022. 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.