Parrish v. Larned State Hospital et al

Filing 6

MEMORANDUM AND ORDER ENTERED: This matter is dismissed without prejudice due to plaintiff's failure to submit the full filing fee as directed. Signed by Senior District Judge Sam A. Crow on 5/16/2011. (Mailed to pro se party Daniel Joseph Parrish by regular mail.) (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

DANIEL JOSEPH PARRISH,
Plaintiff,
CIVIL ACTION
No. 11-3054-SAC

vs.
LARNED STATE HOSPITAL, et al.,

Defendants.

MEMORANDUM AND ORDER
By its order of April 12, 2011 (Doc. 5), the court determined this matter is subject to the provisions of 28 U.S.C.
§1915(g), the “three strikes" provision of the Prison Litigation
Reform Act.

Plaintiff was granted thirty days to submit the

full filing fee, and he was notified that the failure to pay the
fee within that time would result in the dismissal of this
matter without prejudice.
Since that time, plaintiff has not submitted the filing
fee, nor has he shown that he is in imminent danger of serious
bodily harm, as he must to avoid the bar imposed by 28 U.S.C.
§1915(g).1
1

28 U.S.C. § 1915(g) codifies the “three strikes” rule that
bars an inmate who has had three prior actions or appeals
dismissed as frivolous, malicious, or for failing to state a

Accordingly,

the

court

concludes

this

matter

must

be

dismissed without prejudice.
IT IS, THEREFORE, BY THE COURT ORDERED this matter is
dismissed without prejudice due to plaintiff’s failure to submit
the full filing fee as directed.
A copy of this Memorandum and Order shall be transmitted to
the plaintiff.
IT IS SO ORDERED.
DATED:

This 16th day of May, 2011, at Topeka, Kansas.

S/ Sam A. Crow
SAM A. CROW
United States Senior District Judge

viable claim from proceeding in a civil action in forma
pauperis “unless the prisoner is in imminent danger of
serious physical injury.”
2