Richard v. Wilkinson et al

Filing 2

ORDER AND REASONS denying 1 MOTION for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Alma L. Chasez.(gec, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
LLOYD A. RICHARD

CIVIL ACTION

VERSUS

NUMBER: 13-4717

JOSEPH C. WILKINSON, JR.,
ET AL.

SECTION: "J"(5)

ORDER AND REASONS
Pursuant to 28 U.S.C. §636(b) and Local Rules 72.1(B)(1) and
73.2(A),

presently

before

the

Court

is

the

28

U.S.C.

§1915

application to proceed in forma pauperis which accompanied the 42
U.S.C. §1983 complaint of pro se plaintiff, Lloyd A. Richard.
Subsection "g" of §1915 provides as follows:
[i]n 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.
A review of the records of this and other courts reveals that
Richard

has

had

three

lawsuits/appeals

that

were

previously

dismissed as frivolous and/or for failing to state a claim upon
which relief can be granted.

Richard v. Steib, 451 Fed.Appx. 381

(5th Cir. 2011), cert. denied, ___ U.S. ___, 132 S.Ct. 2715 (2012);
Richard v. Kinler, No. 08-CV-4251, 2008 WL 4809472 (E.D. La. Oct.
31, 2008); Richard v. Hubert, No. 99-CV-0297 (W.D. La. July 29,
1999).

Accordingly, and because Richard makes no showing of being

under imminent danger of serious physical injury, his application
to proceed in forma pauperis is denied.
New Orleans, Louisiana, this _____ day of June, 2013.
10th

______________________________
UNITED STATES MAGISTRATE JUDGE

2