Parrish-Parrado v. Waddington et al
MEMORANDUM AND ORDER ENTERED: Plaintiff is granted thirty (30) days from the date of this order to submit the $455.00 appellate filing fee to the clerk of this court. Signed by Senior District Judge Richard D. Rogers on 7/30/2012. (Mailed to pro se party Daniel Joseph Parrish-Parrado by regular mail.) (smnd)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
DANIEL JOSEPH PARRISH-PARRADO,
DOUG WADDINGTON and
LARNED CORRECTIONAL FACILITY,
MEMORANDUM AND ORDER
Plaintiff, a prisoner in state custody, filed a petition
for writ of mandamus and sought leave to proceed in forma
pauperis. Petitioner is subject to the provisions of 28 U.S.C.
§ 1915(g), which 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).
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
On July 6, 2012, the court denied the present petition for
failure to state a claim for relief. Shortly after the dismissal
was entered on the docket, the clerk of the court received the
filing fee from petitioner. Petitioner now has submitted a
Notice of Appeal (Doc. 16). While petitioner has not renewed
his request to proceed in forma pauperis, the court has examined
the Notice of Appeal2 and finds no showing that petitioner is in
imminent danger of serious physical harm.
IT IS, THEREFORE, BY THE COURT ORDERED that plaintiff is
granted thirty (30) days from the date of this order to submit
the $455.00 appellate filing fee to the clerk of this court.
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).
The Notice of Appeal appears to seek the removal of this
action to the U.S. Department of Justice but identifies no
authority for such removal.
Copies of this order shall be transmitted to the petitioner
and to the Clerk of the U.S. Court of Appeals for the Tenth
IT IS SO ORDERED.
Dated at Topeka, Kansas, this 30th day of July, 2012.
S/ Richard D. Rogers
RICHARD D. ROGERS
United States Senior District Judge
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