Sylve v. Cannizzaro et al

Filing 13

ORDER AND REASONS denying 6 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 10/31/2014. (cms)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
JERRY L. SYLVE JR.

CIVIL ACTION

VERSUS

NO. 14-2328

ORLEANS PARISH DIST. ATTY. LEON
CANNIZZARO, ET AL.

SECTION “F”(2)

ORDER AND REASONS
Plaintiff, Jerry L. Sylve, an inmate currently incarcerated in the Orleans Parish Prison
system, has submitted an application to proceed in forma pauperis in connection with the
above-captioned complaint asserting claims under 42 U.S.C. § 1983. Sylve seeks monetary
and injunctive relief, including a temporary restraining order, to prevent defendants from
prosecuting him because of alleged unlawful search and seizure, unlawful arrest, lack of
probable cause and improper bail revocation. Record Doc. No. 5. His pauper application
is a non-dispositive pretrial matter which was referred to a United States Magistrate Judge
pursuant to Local Rule 72.1(B)(1) and 28 U.S.C. § 636(b).
The Prison Litigation Reform Act (“PLRA”), Pub. L. No. 104-134, 110 Stat. 1321,
signed into law on April 26, 1996, now codified at 28 U.S.C. § 1915(g), provides that a
prisoner shall not be allowed to bring a civil action pursuant to 28 U.S.C. § 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 on grounds that it was
frivolous, malicious, or failed to state a claim for which relief can be granted, unless the
prisoner is under imminent danger of serious physical injury.

Sylve has been a frequent filer of civil actions while incarcerated. At least three (3)
of his prior civil actions were dismissed as frivolous and/or for failure to state a claim: Jerry
Sylve v. Sgt. John Callahan, C. A. No. 97-322 (E.D. La. Jul. 30, 1997) (dismissed as
frivolous and for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)); Jerry Levon
Sylve Jr. v. St. Tammany Parish, C. A. No. 05-116 (E.D. La. Jul. 14, 2005) (dismissed with
prejudice as frivolous pursuant to 28 U.S.C. § 1915(e), § 1915A); Jerry Levon Sylve Jr. v.
St. Tammany Parish, App. No. 05-30882 (5th Cir. Oct. 19, 2006) (dismissed as frivolous
with three strikes warning). He has therefore accumulated three “strikes” under the PLRA.
Under these circumstances, plaintiff may not proceed as a pauper in this action unless
he fits within the “imminent danger” exception of Section 1915(g). Plaintiff has not alleged,
nor does his complaint conceivably demonstrate, anything establishing that he is in imminent
danger of serious physical injury. Consequently, he is not entitled to proceed in forma
pauperis pursuant to the provisions of the PLRA. For the foregoing reasons,
IT IS ORDERED that plaintiff’s motion to proceed in forma pauperis (Record Doc.
No. 6) is DENIED pursuant to 28 U.S.C. § 1915(g).
New Orleans, Louisiana, this

31st

day of October, 2014.

JOSEPH C. WILKINSON, JR.
UNITED STATES MAGISTRATE JUDGE

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