Dugas v. Johnson et al

Filing 3

ORDER denying 2 MOTION to Proceed In Forma Pauperis. FURTHER ORDERED that the pltf is granted 21 days from the date of this order to pay the court's filing fee in the amount of $350.00. The filing fee must be paid in a single payment. No partial payment of fees will be accepted. Filing Fee due by 11/20/2012. Signed by Magistrate Judge Stephen C. Riedlinger on 10/30/2012. (JDL)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

RONALD DUGAS (#615147)
VERSUS

CIVIL ACTION

SAMMIE JOHNSON, ET AL

NUMBER 12-659-JJB-SCR

ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS
Pro se plaintiff, an inmate confined at Hunt Correctional
Center, St. Gabriel, Louisiana, filed this action pursuant to 42
U.S.C. § 1983 against Louisiana State Penitentiary corrections
officer Sammie Johnson and the Louisiana Department of Public
Safety and Corrections.

Plaintiff alleged that on April 3, 2010,

while confined at the state penitentiary he was subjected to
unconstitutional conditions of confinement which caused him to slip
and fall, injuring his back.

Plaintiff further alleged that Capt.

Donnie Sullivan and Lt. Jamie Savoy committed malfeasance when they
altered numbers on an Administrative Remedy Procedure waiver form.
Plaintiff filed a Motion to Proceed In Forma Pauperis. Record
document number 2.
Plaintiff previously alleged essentially the same facts in
Ronald Dugas v. James M. LeBlanc, et al, CV 11-457-BAJ-DLD, which
was

dismissed

for

failure

to

exhaust

administrative

remedies

pursuant to 42 U.S.C. § 1997e, with prejudice to his refiling the
same claims in forma pauperis.
forma

pauperis

bar

imposed

in

Plaintiff cannot overcome the in
CV

11-457-BAJ-DLD

by

bringing

additional claims and defendants in this action.
Therefore;
IT IS ORDERED that the plaintiff’s Motion to Proceed In Forma
Pauperis is denied.
IT IS FURTHER ORDERED that the plaintiff is granted 21 days
from the date of this order to pay the court’s filing fee in the
amount of $350.
The filing fee must be paid in full in a single payment.
partial payment of fees will be accepted.

No

Failure to pay the

filing fee within 21 days shall result in the dismissal of the
plaintiff’s complaint without prejudice.
Baton Rouge, Louisiana, October 30, 2012.

STEPHEN C. RIEDLINGER
UNITED STATES MAGISTRATE JUDGE