Sanders v. Cain et al

Filing 49

RULING: The claims of plaintiff Ronald Washington be dismissed, without prejudice, for failure of the plaintiff to pay the Courts filing fee. Judgment shall be entered accordingly. Signed by Chief Judge Brian A. Jackson on 2/19/2016. (LLH) Modified on 2/19/2016to edit text (LLH).

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

RONALD WASHINGTON (#106426)

CIVIL ACTION

VERSUS
N. BURL CAIN, ET AL.

NO. 14-216-BAJ-RLB
RULING

This matter comes before the Court in connection with the Court’s Order dated
November 5, 2015 (R. Doc. 36), denying plaintiff Ronald Washington authorization to proceed
in forma pauperis in this case and directing him to pay, within twenty-one (21) days, the full
amount of the Court’s filing fee, and the Courts’ Order dated January 14, 2016 (R. Doc. 41),
granting the plaintiff an additional fourteen (14) days to pay the filing fee.
On November 5, 2015, pursuant to the “three strikes” provision of 28 U.S.C. § 1915(g),
the Court determined that the plaintiff was not authorized to proceed in forma pauperis herein
and ordered the plaintiff to pay, within 21 days, the full amount of the Court’s filing fee. See R.
Doc. 36. The plaintiff was placed on notice that a failure to comply with the Court’s Order
“shall result in the dismissal of the plaintiff’s action without further notice from the Court.” Id.
In accordance with 28 U.S.C. § 1915, a prisoner filing a civil action or appeal in federal
court may be granted in forma pauperis status but is nonetheless required to pay the full amount
of the Court’s filing fee over time in incremental installments. However, such incremental
payments are not allowed and pauper status shall be denied where the prisoner has filed, on at
least three prior occasions while incarcerated, actions or appeals that have been dismissed as
legally baseless. Specifically:
In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or
proceeding under this section if the prisoner has, on 3 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 the grounds that it is frivolous, malicious, or fails to
state a claim upon which relief may be granted, unless the prisoner is under imminent
danger of serious physical injury. 28 U.S.C. § 1915(g).
In the instant case, the plaintiff has, on three or more prior occasions while incarcerated,
brought actions or appeals in the federal courts that have been dismissed as frivolous or for
failure to state a claim upon which relief may be granted.1
Accordingly, pursuant to 28 U.S.C. § 1915(g), this Court denied the plaintiff’s motion to
proceed in forma pauperis and directed him to pay the full amount of the Court’s filing fee
within 21 days. The plaintiff thereafter requested an indefinite extension of time to pay the
Court’s filing fee, and on January 14, 2016, the Court granted the plaintiff an additional fourteen
(14) days to pay. See R. Docs. 37 and 41. A review of the record by the Court reflects that the
plaintiff has failed to pay the filing fee as ordered. Accordingly,
IT IS ORDERED that the claims of plaintiff Ronald Washington be dismissed, without
prejudice, for failure of the plaintiff to pay the Court’s filing fee. Judgment shall be entered
accordingly.
Signed in Baton Rouge, Louisiana, on February 19, 2016.

______________________________
BRIAN A. JACKSON, CHIEF JUDGE
UNITED STATES DISTRICT COURT

Cases or appeals filed by the co-plaintiff that have been dismissed by the federal
courts as frivolous or for failure to state a claim include, but are not limited to, Ronald
Washington v. N. Burl Cain, et al., Civil Action No. 12-0505-BAJ-RLB (M.D. La.) (counting as
two strikes because dismissed as frivolous by both the district and the appellate courts), Ronald
L. Washington v. Steve Prator, et al, Civil Action No. 01-1911-DEW-RSP (W.D. La.), Ronald L.
Washington v. Don Hathaway, et al., Civil Action No. 98-2106-DEW-RSP (W.D. La.), and
Ronald L. Washington v. Deputy Falkenburg, et al., Civil Action No. 97-0115-TS-RSP (W.D.
La.).
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