Dean v. Jackson et al

Filing 4

RULING as to the 3 Order denying Motion to Proceed In Forma Pauperis, 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

NOEL DEAN (#309740)
VERSUS
BRIAN A. JACKSON, ET AL

CIVIL ACTION
NUMBER 12-107-BAJ-SCR

RULING
Pro se plaintiff, an inmate confined at Louisiana State Penitentiary, Angola,
Louisiana, filed this action pursuant to 42 U.S.C. § 1983 against United States
District Judges Brian A. Jackson, Robert G. James, Sarah S. Vance and Middle
District of Louisiana Clerk of Court Nick J. Lorio. Plaintiff alleged that he was denied
access to the courts in violation of his constitutional rights.
Plaintiff’s motion to proceed in forma pauperis pursuant to 28 U.S.C. § 1915
was denied 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 which
relief can be granted.1
On February 28, 2012, 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privileges have been revoked to proceed in forma pauperis in cases involving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