Hampton v. LeBlanc et al

Filing 3

ORDER TO PAY FULL FILLING FEE: The plaintiff is granted 21 days from the date of this Order within which to pay the full $400 filing fee. The filing fee must be paid in full in a single payment. Signed by Magistrate Judge Stephen C. Riedlinger on 12/18/2015. (SGO)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

PRINCE RUFUS HAMPTON, III (#329245)

CIVIL ACTION

VERSUS
JAMES M. LeBLANC, ET AL.

NO. 15-664-SDD-SCR

ORDER TO PAY FULL FILING FEE
Pro se plaintiff, an inmate incarcerated at the Louisiana
State

Penitentiary

(“LSP”),

Angola,

Louisiana,

commenced

this

proceeding by filing a Motion/Request for Emergency Preliminary
Injunctions and Temporary Restraining Orders. Plaintiff complained
that he has been confined in an extended lockdown and/or working
cellblocks at LSP for three years based on a disciplinary charge
issued in June 2012.
unconstitutional

Plaintiff complained that his confinement is

because

there

are

no

written

guidelines

or

criteria for releasing him from his “indeterminate” segregated
confinement.

Plaintiff prays for injunctive relief on behalf of

himself and other inmates similarly confined.
Plaintiff has neither paid the Court’s filing fee nor filed a
motion to proceed in forma pauperis.1

The statute applicable to

the granting by courts of in forma pauperis status to inmates in
civil proceedings makes clear that the plaintiff is not entitled to
1.
Generally, a request for injunctive relief is not
considered to be an independent cause of action, but rather is only
a remedy once a cause of action is established.
La. Crisis
Assistance Ctr. v. Marzano-Lesnevich, 878 F.Supp.2d 662, 669 (E.D.
La. 2012) (collecting numerous federal cases so holding). Although
the plaintiff commenced this proceeding as a Motion/Request for
injunctive relief, this does not relieve him of the obligation to
pay the Court’s filing fee for the commencement of a civil action.

proceed as a pauper in this case.

This statute, set forth at 28

U.S.C. § 1915, 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 that
have been dismissed as frivolous or for failure to state a claim
upon which relief may be granted.2

Because the plaintiff is barred

from proceeding in forma pauperis in this case,3 he shall be
required to pay the full amount of the Court’s filing fee before
being allowed to proceed further in this case.
Therefore;

2. Cases filed by the plaintiff that 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, Rufus Hampton, III
v. Kathleen Blanco, Governor, et al., Civil Action No. 07-617-JJBCN (M.D., La.), Rufus Hampton, III v. Kathleen Blanco, et al.,
Civil Action No. 06-527-JJB-SCR (M.D., La.), and Rufus James
Hampton, III v. Webster Parish Sheriff’s Dept., et al., Civil
Action No. 02-2579-TS-RSP (W.D. La.).
3. The allegations of the plaintiff’s pleading do not fall
within the exception to the statute. Specifically, the plaintiff’s
allegations do not suggest that he is “under imminent danger of
serious physical injury” so as to dispense with the requirement
that he pay the full amount of the Court’s filing fee.
2

IT IS ORDERED that the plaintiff is granted 21 days from the
date of this Order within which to pay the full $ 400.00 filing
fee.

The filing fee must be paid in full in a single payment.

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 action without further notice from the Court.
Baton Rouge, Louisiana, December 18, 2015.

STEPHEN C. RIEDLINGER
UNITED STATES MAGISTRATE JUDGE

3