Cox v. Paris

Filing 4

MEMORANDUM & ORDER denying 3 Motion for Leave to Proceed in forma pauperis. Signed by Senior Judge Thomas B. Russell on 3/23/2012. cc:counsel (KJA) Modified on 3/26/2012 to edit document type(KJA).

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT PADUCAH
CLAUDE R. COX, JR.

PLAINTIFF

v.

CIVIL ACTION NO. 5:12CV-P39-R

SAMANTHA PARIS

DEFENDANT
MEMORANDUM AND ORDER

Plaintiff Claude R. Cox, Jr., filed the instant pro se action. This matter is before the
Court on Plaintiff’s application to proceed without prepayment of fees (DN 3).
Section 1915 of Title 28 of the United States Code governs proceedings in forma
pauperis. This statute provides in pertinent part as follows:
(g) In no event shall a prisoner bring a civil action . . . 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.
§ 1915(g). Thus, the only exception to the limitation noted in the statute is if “the prisoner is
under imminent danger of serious physical injury.” Id.
A review of the Court’s records reveals that the criteria set forth in subsection (g) apply
to the instant action. Plaintiff Cox has filed numerous civil actions while incarcerated in the
Commonwealth of Kentucky, and at least three of those actions were dismissed because they
were frivolous, malicious, or failed to state a claim upon which relief may be granted. See, e.g.,
Cox v. Parke et al., Civil Action No. 3:92CV-214-S; Cox v. Combs et al., Civil Action
No. 3:92CV-219-M; and Cox v. Parke et al., Civil Action No. 3:92CV-257-S. Despite the fact
that many of Plaintiff’s actions were dismissed prior to the effective date of the Prison Litigation

Reform Act and the resulting amendments to § 1915, those actions may be counted toward the
commonly called “three strikes” provision of § 1915(g). Wilson v. Yaklich, 148 F.3d 596, 604
(6th Cir. 1998).
In the complaint, Plaintiff states that he believes Defendant is “out for me” and that he
has to “watch my back.” He states that he fears for his life. However, Plaintiff does not allege
any facts to support these conclusory statements. Therefore, Plaintiff fails to allege sufficiently
that he is in “imminent danger of serious physical injury.”
Because Plaintiff is prohibited from proceeding in forma pauperis under 28 U.S.C.
§ 1915(g), IT IS ORDERED that the application to proceed without prepayment of fees (DN 3)
is DENIED. Plaintiff must pay the requisite $350.00 filing fee for the instant action within
30 days of entry of this Order. The check should be made payable to Clerk, U.S. District
Court and sent to the following address: Office of the Clerk, United States District Court,
Western District of Kentucky, 106 Gene Snyder U. S. Courthouse, 601 West Broadway,
Louisville, KY 40202-2249. Failure to pay the filing fee in full within the time allowed will
result in dismissal of the action. The Court advises Plaintiff that “[t]he subsequent dismissal of
the action under § 1915(g) for failure to pay that fee does not negate or nullify the litigant’s
continuing obligation to pay the fee in full.” In re Alea, 286 F.3d 378, 381 (6th Cir. 2002).
The Clerk of Court is DIRECTED to open an account for the payment of the filing fee.
Date:

March 23, 2012

cc:
Plaintiff, pro se
4413.010

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