Parrish (ID 25121) v. Waddington et al

Filing 3

MEMORANDUM AND ORDER ENTERED: Plaintiff is granted to and including December 3, 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 11/1/2012. (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. 12-3221-SAC

DOUGLAS WADDINGTON and
JOHN SHIELDS,

Defendants.

MEMORANDUM AND ORDER
Plaintiff, a prisoner in state custody, brings a civil complaint
under 42 U.S.C. § 1983 in which he complains that the defendants,
Warden Douglas Waddington and Corporal John Shields of the Larned
Mental

Health

Correctional

Facility,

interfered

with

the

administration of justice. Plaintiff claims that due to the closing
of the facility law library, he was forced to hand-write a court
document. He also claims defendant Shields has stalked him, made
criminal threats, shown disrespect and undue familiarity, and has
interfered with the law library. Plaintiff seeks relief including a
restraining order permanently enjoining defendant Shields to stay 200
feet from him.
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, 28 U.S.C. § 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 forty 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, as 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 December 3, 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 qualifying as strikes are: (1) 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); (2) 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. 88-3416, Kirwan v.
Appel, 1988 WL 142902 (dismissing for failure to state a claim plaintiff’s
allegations of denial of use of typewriter, writing table, and chair, and allegations
that defendant corrections employees sabotaged a cell house and criminally defamed
plaintiff).

IT IS SO ORDERED.
DATED:

This 1st day of November, 2012, at Topeka, Kansas.

S/ Sam A. Crow
SAM A. CROW
U.S. Senior District Judge