Johnson v. Cain et at

Filing 148

RULING: A review of the record shows that the plaintiff failed to pay the filing fee. Therefore, the plaintiffs § 1983 complaint shall be dismissed without prejudice. Judgment shall be entered accordingly. Signed by Chief Judge Brian A. Jackson on 9/6/12. (DCB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

DAVID SCOTT JOHNSON(#84970)
VERSUS

CIVIL ACTION

BURL CAIN, ET AL

NUMBER 09-454-BAJ-SCR
RULING

Pro se plaintiff, an inmate at Louisiana State Penitentiary, Angola, Louisiana,
filed this action pursuant to 42 U.S.C. § 1983 against Warden Burl Cain, Asst.
Warden Joe Lemartinere, Asst. Warden Troy Poret, Capt. Antonio Whitaker and
Capt. Marcus Callahan. Plaintiff alleged that Capt. Whitaker subjected him to an
excessive use of force in violation of his constitutional rights.1
Plaintiff filed a motion to proceed in forma pauperis.2 On October 19, 2009,
the plaintiff’s motion to proceed in forma pauperis was granted.3 On August 13,
2012, the order issued October 19, 2009 granting the plaintiff in forma pauperis
status was vacated4 because on three prior occasions during detention, the plaintiff
brought an action that was dismissed as frivolous or for failure to state a claim upon

1

The remainder of the plaintiff’s claims were previously dismissed. Record
document number 39.
2

Record document number 2.

3

Record document number 7.

4

Record document number 146.

which relief can be granted.5
Plaintiff’s motion to proceed in forma pauperis pursuant to 28 U.S.C. § 1915
was denied and the plaintiff was granted 21 days from the date of the order to pay
the balance of the court’s filing fee in the amount of $294.40.6
A review of the record showed that the plaintiff failed to pay the filing fee.
Therefore, the plaintiff’s § 1983 complaint shall be dismissed without prejudice.
Judgment shall be entered accordingly.
Baton Rouge, Louisiana, September 6, 2012.

BRIAN A. JACKSON, CHIEF JUDGE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

5

Section 1915(g) contains an exception that allows prisoners whose
privileges have been revoked to proceed in forma pauperis in cases involving
imminent danger of serious physical injury. Plaintiff’s claims do not fall under the
exception.
6

Record document number 146.