Pinson et al v. Laird et al

Filing 17

MEMORANDUM AND ORDER ENTERED: This matter is dismissed without prejudice. The combined motion 4 for temporary restraining order and preliminary injunction is denied as moot. Signed by Senior District Judge Sam A. Crow on 7/30/2013. (Mailed to pro se party Jeremy Pinson by regular mail.) (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

JEREMY PINSON,
Plaintiff,
v.

CASE NO. 13-3033-SAC

PAUL LAIRD, et al.,
Defendants.

MEMORANDUM AND ORDER

This matter is a civil rights action filed by a prisoner in
federal custody. Plaintiff Pinson is subject to 28 U.S.C. § 1915(g),
“the ‘three strikes’ provision of the ifp statute applicable to
indigent prisoners[] [that] requires so-called ‘frequent filer’
prisoners to prepay the entire filing fee before federal courts may
consider their civil actions and appeals.” Hafed v. Fed. Bureau of
Prisons, 635 F.3d 1172, 1176 (10th Cir. 2011)(internal quotation marks
omitted). There is a single exception to this requirement, for a
prisoner who shows an “immiment danger of serious physical injury.”
Id., (quoting §1915(g)).
The court has determined that plaintiff has not shown an
immediate danger and previously directed him to submit the full filing
fee. Plaintiff then filed a notice of interlocutory appeal. The appeal
has been dismissed, and plaintiff has not paid the filing fee as
directed by the court.
IT IS, THEREFORE, BY THE COURT ORDERED this matter is dismissed
without prejudice.
IT

IS

FURTHER

ORDERED

the

combined

motion

for

temporary

restraining order and preliminary injunction (Doc. 4) is denied as
moot.
A copy of this order shall be transmitted to the plaintiff.
IT IS SO ORDERED.
DATED:

This 30th day of July, 2013, at Topeka, Kansas.

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