Hardin v. Richardson

Filing 4

(PLEASE DISREGARD THIS ENTRY AS IT WAS FILED IN THE WRONG CASE.) ORDER ENTERED: Plaintiff is granted twenty days in which to submit the $350.00 filing fee. Failure to pay the full filing fee within that time will result in dismissal of action without prejudice. Signed by Senior District Judge Richard D. Rogers on 12/9/2011. Mailed to pro se party Rolly O. Kinnell by regular mail (mb) Modified text on 12/9/2011 (mb).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

ROLLY O. KINNELL,
Plaintiff,
v.

CASE NO.

11-3207-RDR

SAM A. CROW, et al.,
Defendants.
O R D E R
This civil rights complaint, 42 U.S.C. § 1983, was filed by
an inmate of the Lansing Correctional Facility, Lansing, Kansas.
Plaintiff has neither paid the filing fee of $350.00 nor submitted
a properly supported Motion to Proceed Without Prepayment of Fees.
Having examined the complaint, the court finds as follows.
Mr. Kinnell has previously been designated a three-strikes
litigant under Section 1915(g).

Section 1915(g) of 28 U.S.C.

provides:
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 that 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.
Id.

He is therefore required to “pay up front for the privilege of

filing . . . any additional civil actions,” unless he can show
“imminent danger of serious physical injury.”

Id.; Jennings v.

Natrona County Detention Center, 175 F.3d 775, 778 (10th Cir. 1999).

None of the facts alleged by plaintiff in his complaint suggests
that

he

is

in

imminent

danger

of

serious

physical

injury.

Accordingly, Mr. Kinnell may proceed in this action only if he pays
the filing fee of $350.00 for filing a civil complaint.
IT IS THEREFORE BY THE COURT ORDERED that plaintiff is
granted twenty (20) days in which to submit the $350.00 filing fee;
and failure to pay the full filing fee within that time will result
in the dismissal of this action without prejudice.
IT IS SO ORDERED.
DATED:

This 9th day of December, 2011, at Topeka, Kansas.

s/RICHARD D. ROGERS
United States District Judge

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