Parrish v. Waddington et al

Filing 4

MEMORANDUM AND ORDER ENTERED: Plaintiff is granted to and including April 9, 2012, to submit the $350.00 filing fee. The failure to pay the full filing fee by that time will result in the dismissal of this action without prejudice. Plaintiff's motion 2 for leave to proceed in forma pauperis is denied. Signed by Senior District Judge Sam A. Crow on 4/3/2012. (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,
v.

CASE NO. 12-3071-SAC

DOUGLAS WADDINGTON and
PAUL RUNNELS,
Defendants.

MEMORANDUM AND ORDER
Plaintiff, a prisoner in state custody, brings a civil rights
complaint under 42 U.S.C. § 1983 in which he complains that he
has been denied adequate legal access due to limited law library
hours, and lack of access to a typewriter. He seeks a court order
allowing him 24-hour access to his typewriter.
The Prison Litigation Reform Act substantially altered the
manner in which indigent prisoners may proceed in the United States
District Courts. Significant to the present case, §1915(g) provides
that:
"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).
Court records in the District of Kansas reflect that plaintiff
has filed more than thirty cases in this court, and that at least
three of those cases were dismissed for failure to state a claim for

relief.1
The court has examined the present complaint and finds no basis
to conclude that plaintiff should be allowed to proceed in this
matter without the prepayment of the full filing fee.

Plaintiff’s

claims do not suggest that he is in imminent danger of serious
physical harm.

Accordingly, plaintiff may proceed in this action

only if he pays the filing fee of $350.00 that is charged for filing
a civil rights complaint under 42 U.S.C. § 1983.
IT IS, THEREFORE, BY THE COURT ORDERED that plaintiff is
granted to and including April 9, 2012, to submit the $350.00 filing
fee.

The failure to pay the full filing fee by that time will

result in the dismissal of this action without prejudice.
IT IS FURTHER ORDERED plaintiff’s motion for leave to proceed
in forma pauperis (Doc. 2) is denied.
A copy of this order shall be transmitted to the plaintiff.

1 Plaintiff has filed cases under different names,
including Daniel Joseph Kirwan, Michael Duane Pyle, Daniel
Joseph Parrish, Daniel Parrado, and Daniel Parrish-Parrado.
The cases identified as the basis of this order are Case No.
92-3357, Kirwan v. Larned Mental Health, 816 F. Supp. 672
(D. Kan. 1993)(dismissing as legally frivolous plaintiff’s
claims that officials’ continued use of his former legal
name, under which he was convicted, violated his
constitutional rights); Case No. 91-3217, Kirwan v. Huggins,
1991 WL 158842 (dismissing as frivolous plaintiff’s claim of
excessive heat and lack of electric fan); and Case No. 883416, Kirwan v. Appel, 1988 WL 142902 (dismissing for
failure to state a claim plaintiff’s allegations of denial
of use of a typewriter, writing table, and chair, and
allegations that defendant corrections employees sabotaged a
cell house and criminally defamed plaintiff).
2

IT IS SO ORDERED.
Dated at Topeka, Kansas, this 3rd day of April, 2012.

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

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