Boyd v. United States of America

Filing 5

ORDER & REASONS denying 3 Motion to proceed in forma pauperis. Signed by Magistrate Judge Alma L. Chasez on 6/17/2013. (lag, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
UNITED STATES

CIVIL ACTION

VERSUS

NO. 13-2807

LOUIS WILBERT BOYD

SECTION “R” (5)

ORDER AND REASONS
The plaintiff, Louis Boyd, is incarcerated in the Federal Correctional Institute in Oakdale,
Louisiana. He is a frequent filer of frivolous lawsuits in this court. Boyd filed a motion for return
of property in his closed criminal case, 09-63 "R." He styled his motion as one under Federal Rule
of Criminal Procedure 41(g), which allows "[a] person aggrieved by an unlawful search and seizure
of property or by the deprivation of property [to] move for the property's return." Finding the motion
improper, however, in a criminal action that has concluded, the court converted it to a civil
proceeding under 28 U.S.C. §1331 for the return of property. (Rec. Doc. No. 1, Order and
Reasons).

With his complaint, plaintiff submitted an application to proceed in forma pauperis

pursuant to Title 28 U.S.C. § 1915. This is a non-dispositive pretrial matter which was referred to
the undersigned magistrate judge pursuant to Local Rule 72.1 (B)(1) and Title 28 U.S.C. § 636(b).
The Prison Litigation Reform Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, now
codified at Title 28 U.S.C. § 1915(g), provides that a prisoner shall not be allowed to bring a civil

action pursuant to § 1915 if he has, on three 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 as
frivolous, malicious, or for failure to state a claim for which relief can be granted, unless the prisoner
is under imminent danger of serious physical injury.
The court’s research reveals that plaintiff, while incarcerated, has filed 10 civil complaints
in this court. The last eight civil complaints he filed (all in 2009) were dismissed as frivolous and/or
for failure to state a claim upon which relief may be granted. Plaintiff has therefore accumulated
three strikes under the PLRA. See Louis Wilbert Boyd, Jr. v. Kelly Lasher, et al., C.A. 09-7647
“I”(5); Louis Wilbert Boyd, Jr. v. Kelly Lasher, et al., C.A. 09-7646 “I”(2); Louis Wilbert Boyd, Jr.
v. Kelly Lasher, et al., C.A. 09-7645 “C”(5); Louis Wilbert Boyd, Jr. v. Sarah S. Vance, et al., C.A.
09-7643 “A”(1); Louis Wilbert Boyd, Jr. v. Kelly Lasher, et al., C.A. 09-7642 “J”(2); Louis Wilbert
Boyd, Jr. v. Kelly Lasher, et al., C.A. 09-7641 “I”(2); Louis Wilbert Boyd, Jr. v. Kelly Lasher, et
al., C.A. 09-7639 “I”(3); Louis Wilbert Boyd, Jr. v. Kelly Lasher, et al., C.A. 09-7508 “R”(2).
The instant complaint is for return of property. Boyd does not allege, nor does the complaint
demonstrate, that he is in any imminent danger of suffering serious physical injury. For the
foregoing reasons,
IT IS ORDERED that the plaintiff’s motion to proceed in forma pauperis is DENIED
pursuant to Title 28 U.S.C. § 1915(g).
Hello This is a Test

17th
New Orleans, Louisiana, this __________ day of __________________________, 2013.
June

____________________________________
ALMA L. CHASEZ
UNITED STATES MAGISTRATE JUDGE

2