Granger Sr. v. Leblanc Easley

Filing 5

RULING : Despite clear notice that Plaintiff must pay the full filing fee and ample time to do so, the plaintiff has failed to pay the filing fee. Therefore, the plaintiffs § 1983 complaint shall be dismissed. Judgment shall be entered accordingly. Signed by Judge James J. Brady on 6/30/2014. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

RODGER WILL GRANGER (#406448)
VERSUS

CIVIL ACTION

ANN MARIE LEBLANC EASLEY

NUMBER 14-320-JJB-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 Ann Marie LeBlanc Easley.

Plaintiff alleged

that he earned 90 days of education credits for completion of the
New

Orleans

Certificate

Baptist
Program

Theological
and

45

participation in a GED program.

days

Seminary
of

Spiritual

education

Growth

credits

for

Plaintiff alleged that the earned

credits would reduce his sentence and entitle him to immediate
release from custody.

Plaintiff alleged that Easley refused to

give him the earned credits in violation of his constitutional
rights.
Section

1915(g)

of

Title

28

of

the

United

States

provides:
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.

Code

28 U.S.C. § 1915(g).
In Adepegba v. Hammons, 103 F.3d 383 (5th Cir. 1996), the
Fifth Circuit Court of Appeals held that: (1) section 1915(g)
applies to cases pending on the effective date of the statute; and,
(2) a suit dismissed prior to the effective date of the statute on
the grounds that it is frivolous, malicious, or fails to state a
claim upon which relief may be granted, is considered within the
ambit

of

the

“three

strikes”

provision

of

section

1915(g).

Dismissals as frivolous in the district courts or the court of
appeals count for the purposes of the statute.

Id.

Dismissals

include only those for which appeal has been exhausted or waived.
Id.

However, dismissals later reversed are not to be counted as a

strike.

Id.

By contrast, the frivolous appeal of a lower court’s

dismissal as frivolous counts twice.

Id.

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 May 21, 2014, the plaintiff was granted 21 days from the
date of the order to pay the court’s filing fee in the amount of
$400.00.
A review of the record showed that more than 21 days has
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.

elapsed and the plaintiff failed to pay the filing fee.

Despite

clear notice that he must pay the full filing fee and ample time to
do so, the plaintiff has failed to pay the filing fee.

Therefore,

the plaintiff’s § 1983 complaint shall be dismissed.
Judgment shall be entered accordingly.
Baton Rouge, Louisiana, June 30th, 2014.

JAMES J. BRADY
UNITED STATES DISTRICT JUDGE