Montero v. USA et al

Filing 3

ORDER denying 1 Motion for Leave to Proceed In Forma Pauperis. The Court cannot conclude that Mr. Montero is in imminent danger of serious physical injury. If he wishes to proceed with this lawsuit, Mr. Montero must pay the $400.00 filing fee. He is ordered to submit, within thirty (30) days from the entry of this Order, the $400.00 filing fee. Failure to do so will result in dismissal of this action without prejudice. Signed by Judge Susan Webber Wright on 11/14/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
MANUEL RAUL REYO PENA MONTERO,
Reg. #09794-000
V.

PLAINTIFF

No. 4:14CV00659-SWW

USA and JOHN DOES

DEFENDANTS
ORDER

Manuel Raul Reyo Pena Montero, a federal inmate housed at the U.S. Penitentiary
in Beaumont, Texas, filed this lawsuit pro so, along with an application to proceed in
forma pauperis. (Docket entry #1). His application (#1) must be DENIED.
Title 28 U.S.C. § 1915(g) bars a prisoner from proceeding in forma pauperis in a
civil action 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.
Mr. Montero has filed more than twenty civil lawsuits in various federal courts
around the country. Of those, at least three were dismissed for failure to state a claim.1
Unless he falls under an exception, Mr. Montero is not eligible to proceed in forma
pauperis.

1

See Montero v. Clinton, E.D.N.Y. Case No. 1:03-CV-512 (dismissal entered Feb.
26, 2003); Montero v. Bush, et al., N.D. Fla. Case No. 4:03-CV-82 (dismissal entered
May 2, 2003); and Montero v. Clinton, W.D. Wa. Case No. 2:03-CV-85 (dismissal
entered Aug. 6, 2003).

Based on a review of the complaint, the Court cannot conclude that Mr. Montero is
in imminent danger of serious physical injury. If he wishes to proceed with this lawsuit,
Mr. Montero must pay the $400.00 filing fee. He is ordered to submit, within thirty (30)
days from the entry of this Order, the $400.00 filing fee. Failure to do so will result in
dismissal of this action without prejudice.
IT IS SO ORDERED this 14th day of November 2014.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

2