Gordon v. LeBlanc et al

Filing 5

ORDER TO PAY FULL FILING FEE denying 2 MOTION to Proceed In Forma Pauperis with Statement of Account. The record reflects that on three or more prior occasions while incarcerated, the plaintiff has brought actions or appeals in the federal courts which have been dismissed as frivolous or for failure to state a claim upon which relief may be granted, therefore the full filing fee must be paid. Filing Fee due by 8/4/2015. Signed by Magistrate Judge Stephen C. Riedlinger on 7/14/2015. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

CURTIS GORDON (#080114)

CIVIL ACTION

VERSUS
LOUISIANA DEPARTMENT OF PUBLIC
SAFETY AND CORRECTIONS, ET AL.

NO. 15-370-JJB-SCR

ORDER TO PAY FULL FILING FEE
Before the Court is the plaintiff’s Motion to Proceed In
Forma Pauperis (R. Doc. 2).
Pro se plaintiff, an inmate incarcerated at the Louisiana
State Penitentiary (“LSP”), Angola, Louisiana, filed this action
pursuant to 42 U.S.C. § 1983 against Secretary James M. LeBlanc
and Warden N. Burl Cain, Dy. Warden Richard Peabody, and
Accountant Sandra Rossa, complaining that the defendants violated
his constitutional rights by allegedly mishandling his prison
monetary accounts and by effectively seizing his personal
property without justification.
The statute applicable to the granting of pauper status to
inmates in civil proceedings, 28 U.S.C. § 1915(g), makes clear
that the plaintiff is not entitled to proceed as a pauper in this
case.

This statute provides, in pertinent part:
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).

See also Adepegba v. Hammons, 103 F.3d 383,

385 (5th Cir. 1996).
A review of the records of the federal courts reflects that
the plaintiff has, on three or more prior occasions while
incarcerated, brought actions or appeals in the federal courts
which have been dismissed as frivolous or for failure to state a
claim upon which relief may be granted.1

Because it is clear

that the plaintiff is barred from proceeding in forma pauperis in
this case,2 the plaintiff’s Motion to Proceed In Forma Pauperis
shall be denied, and the plaintiff shall be required to pay the
full amount of the Court’s filing fee.

1. Cases filed by the plaintiff which have been dismissed by
this Court or by the Court of Appeal as frivolous or for failure
to state a claim include, but are not limited to, Curtis Gordon
v. Frank Mayberry, et al., Civil Action No. 93-0499-FJP-SCR (M.D.
La.), Curtis Gordon v. John P. Whitley, et al., Civil Action No.
93-0856-FJP-SCR (M.D. La.)(counting as two strikes because appeal
also dismissed as frivolous), Curtis Gordon v. John P. Whitley,
et al., Civil Action No. 93-0878-FJP-SCR (M.D. La.), Curtis
Gordon v. Sgt. McKnight, et al., Civil Action No. 94-0001-FJP-SCR
(M.D. La.), Curtis Gordon v. A. J. Dunn, et al., Civil Action No.
94-0039-FJP-SCR (M.D. La.), Curtis Gordon v. Sgt. Fontaine, et
al., Civil Action No. 94-0040-FJP-SCR (M.D. La.)(appeal dismissed
as frivolous), Curtis Gordon v. R. White, et al., Civil Action
No. 94-0086-FJP-CN (M.D. La.), Curtis Gordon v. John P. Whitley,
et al., Civil Action No. 94-1698-FJP-CN (M.D. La.), Curtis Gordon
v. A. J. Dunn, et al., Civil Action No. 94-2586-JVP-CN (M.D.
La.), Curtis Gordon v. J. L. Bolden, et al., Civil Action No. 950158-JVP-SCR (M.D. La.), and Curtis Gordon v. J. L. Bolden, et
al., Civil Action No. 95-0594-JVP-CN (M.D. La.).
2. The allegations of the plaintiff’s Complaint do not fall
within the “imminent danger” exception to the statute.

Therefore;
IT IS ORDERED that the plaintiff’s Motion to Proceed In
Forma Pauperis is hereby DENIED.
IT IS FURTHER ORDERED that the plaintiff is granted 21 days
from the date of this order to pay the full filling fee, which is
$ 400.00.
payment.

The filing fee must be paid in full in a single
No partial payments of fees will be accepted. Failure

to pay the filing fee within 21 days shall result in the
dismissal of the plaintiff’s Complaint without further notice
from the Court.
Baton Rouge, Louisiana, July 14, 2015.

STEPHEN C. RIEDLINGER
UNITED STATES MAGISTRATE JUDGE