Jones v. Bureau of Prisons et al

Filing 3

ORDER ENTERED: Plaintiff's motion to proceed in forma pauperis 2 is denied. Plaintiff is granted until March 31, 2018, to submit the $400.00 filing fee. The failure to submit the fee by that date will result in the dismissal of this matter without prejudice and without additional prior notice. Signed by District Judge Sam A. Crow on 03/06/18. Mailed to pro se party Joseph Lee Jones by regular mail. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

JOSEPH LEE JONES,
Plaintiff,
v.

CASE NO. 18-3056-SAC

BUREAU OF PRISONS,
JEFF SESSIONS,
Defendants.

ORDER
Plaintiff, Joseph Lee Jones, is a federal prisoner housed at Springfield-FMC, in
Springfield, Missouri. Although Plaintiff filed this action on a form for filing habeas corpus
petitions, the nature of Plaintiff’s claim is a Bivens-type action alleging cruel and unusual
punishment in violation of the Eighth Amendment and medical malpractice.
Plaintiff has filed a motion to proceed in forma pauperis (Doc. 2). Plaintiff is subject to
the “three-strikes” provision under 28 U.S.C. § 1915(g). Court records fully establish that
Plaintiff “has, on 3 or more prior occasions, while incarcerated . . . , 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.”1 Accordingly, he may proceed in forma
pauperis only if he establishes a threat of imminent danger of serious physical injury. Id. The

1

Prior to filing the instant action on March 5, 2018, the Court finds at least four prior civil actions filed by Plaintiff
which qualify as “strikes” under § 1915(g). See Jones v. State of Kansas, D. Kan. Case No. 12-3229-SAC
(complaint dismissed August 21, 2013, as frivolous and as stating no claim for relief); appeal dismissed (10th Cir.
August 14, 2014, additional “strike” assessed); Jones v. Biltoft, D. Kan. Case No. 14-3041-SAC (complaint
dismissed May 28, 2014, as frivolous); Jones v. U.S. Copyright Office, D. Kan. Case No. 14-3078-SAC (complaint
dismissed October 14, 2014, as stating no claim for relief); Jones v. U.S. Copyright Office, D. Kan. Case No. 143108-SAC (complaint dismissed August 27, 2014, as frivolous, duplicative, and abusive).
1

Court has examined the Complaint and attachments and finds no showing of imminent danger of
serious physical injury.
Accordingly, pursuant to § 1915(g) Plaintiff may not proceed in forma pauperis in this
civil action. Plaintiff is given time to pay the full $400.00 district court filing fee2 to the Court.
If he fails to pay the full fee within the prescribed time, the Complaint will be dismissed based
upon Plaintiff’s failure to satisfy the statutory district court filing fee required by 28 U.S.C.
§ 1914.
IT IS THEREFORE ORDERED BY THE COURT that Plaintiff’s motion to proceed
in forma pauperis (Doc. 2) is denied.
IT IS FURTHER ORDERED that Plaintiff is granted until March 21, 2018, to submit
the $400.00 filing fee. The failure to submit the fee by that date will result in the dismissal of
this matter without prejudice and without additional prior notice.
IT IS SO ORDERED.
Dated on this 6th day of March, 2018, in Topeka, Kansas.

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

2

If a person is not granted in forma pauperis status under § 1915, the fee to file a non-habeas civil action includes
the $350.00 fee required by 28 U.S.C. § 1914(a) and a $50.00 general administrative fee pursuant to § 1914(b) and
the District Court Miscellaneous Fee Schedule prescribed by the Judicial Conference of the United States.
2