Richard v. Wilkinson et al

Filing 4

ORDER denying 3 MOTION for REVIEW OF MAGISTRATE JUDGE DECISION to District Court. Signed by Judge Carl Barbier on 7/9/13. (sek, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
LLOYD RICHARD

CIVIL ACTION

VERSUS

NO: 13-4717

JOSEPH WILKINSON, JR. ET AL.

SECTION: “J”(5)

ORDER
Before the Court is Plaintiff Lloyd Richard's Motion for
Review of Magistrate Judge Decision. (Rec. Doc. 3)
BACKGROUND FACTS
Lloyd

Richard

is

a

state

prisoner

incarcerated

in

the

Louisiana State Penitentiary in Angola, Louisiana. On May 24,
2013, Plaintiff filed a pro se petition in this Court against
Magistrate Judge Joseph Wilkinson, Jr.; Judge Lance Africk; Jason
Wixom; Fred Schroeder; T Allen Usery; John Weeks, II; Freeman
Matthews;

Craig

Forsch;

Judge

Higginbotham;

Judge

Daves;

and

Judge Elrod pursuant to 42 U.S.C. § 1983. In his complaint,
Plaintiff

asserted

various

claims

alleging

that

Defendants

engaged in fraud and conspiracy when prosecuting Plaintiff which
deprived him of certain constitutional rights.

On June 10, 2013, the United States Magistrate Judge issued
her Order and Reasons denying Plaintiff's application to proceed
in forma pauperis. (Rec. Doc. 2) In her order, the Magistrate
Judge found that Plaintiff's application must be denied pursuant
to 42 U.S.C. § 1915(g) because Plaintiff is not in any imminent
danger, and he had previously filed three lawsuits or appeals
that were dismissed as frivolous or for failing to state a claim
upon

which

relief

can

be

granted.

Id.

On

June

17,

2013,

Plaintiff filed the instant Motion for Leave to Appeal in Forma
Pauperis. (Rec. Doc. 3)
LEGAL STANDARD AND DISCUSSION
Magistrate Judge Chasez cites to 28 U.S.C.A. § 1915, which
bars a prisoner from bringing a civil action
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.
28 U.S.C.A. § 1915 (West).

This Court agrees the Magistrate

Judge's finding that Plaintiff has filed three prior claims that
were dismissed as either frivolous or for failing to state a
claim upon which relief may be granted.1

1

In addition, the Court

Richard v. Steib, 451 Fed.Appx. 381 (5th Cir. 2011), cert. denied, 132 S.Ct. 2715 (2012); Richard v.
Kinler, No. 08-cv-4521, 2008 WL 4809472 (E.D. La. Oct. 31, 2008); Richard v. Hubert, No. 99-CV-0297 (W.D. La.
July 29, 1999).

agrees that Plaintiff is no imminent danger so as to necessitate
the bringing of the instant suit.
CONCLUSION
Accordingly, the Court DENIES Plaintiff’s Motion for Review
of Magistrate Judge Decision. (Rec. Doc. 3)
New Orleans, Louisiana this 9th day of July, 2013.

CARL J. BARBIER
UNITED STATES DISTRICT JUDGE