Wiley v. LA State Prison et al
Filing
3
RULING as to the 2 Order dated 12/21/2011 and a review of the record showed that pltf failed to pay the filing fee. Therefore, pltfs complaint shall be dismissed without prejudice. Signed by Chief Judge Brian A. Jackson on 3/28/2012. (JDL)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
CHRISTOPHER G. WILEY, III
VERSUS
CIVIL ACTION
LOUISIANA STATE PRISON, ET AL
NO. 11-840-JJB-SCR
RULING
Pro se plaintiff, while confined at the Central Louisiana State Hospital,
Pineville, Louisiana, filed this action pursuant to 42 U.S.C. § 1983 against Louisiana
State Prison, the Department of Health and Hospitals, the Civil Rights Division and
Gilda Wesley.
Plaintiff did not pay the filing fee or file a motion to proceed in forma pauperis
pursuant to 28 U.S.C. § 1915.
A review of the court’s records showed that the
plaintiff is barred from proceeding in forma pauperis because he has, on three prior
occasions during detention, brought an action in federal court that was dismissed as
frivolous or for failure to state a claim upon which relief can be granted.1
On December 21, 2011, the plaintiff was granted 21 days from the date of the
order to pay the court’s filing fee in the amount of $350.
1
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privileges have been revoked to proceed in forma pauperis in cases involving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.
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, March 28, 2012.
BRIAN A. JACKSON
UNITED STATES DISTRICT JUDGE
MIDDLE DISTRICT OF LOUISIANA
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