Murphy v. United States Cost Guard et al

Filing 2

ORDER TO PAY FULL FILING FEE: The plaintiff is granted 21 days from the date of this Order within which to pay $400.00, the full amount of the Court's filing fee. The filing fee must be paid in full in a single payment. No partial payments will be accepted. Failure to pay the Court's filing fee within 21 days shall result in the dismissal of the plaintiff's action without further notice from the Court. Signed by Magistrate Judge Stephen C. Riedlinger on 10/27/2015. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

STEPHEN MURPHY (#34877)

CIVIL ACTION

VERSUS
UNITED STATES CO[A]ST GUARD, ET AL.

NO. 15-690-SDD-SCR

ORDER TO PAY FULL FILING FEE
Before the Court is a Complaint filed by pro se plaintiff
Stephen Murphy, submitted on a form intended for filing claims
based on the violation of constitutional civil rights pursuant to
42 U.S.C. § 1983. Plaintiff is an inmate incarcerated at the Caddo
Correctional

Center,

Shreveport,

Louisiana,

and

he

named

as

defendants the United States Coast Guard, the Los Angeles County
Sheriff’s Department, and numerous additional defendants, most of
whom are identified only by telephone numbers.

Plaintiff alleged

that he learned that an unspecified homeless shelter forced people
to ingest anti-depressants and psychotropic medications upon threat
of being committed to an institution or being made to “sleep on the
street.”

Plaintiff also complained of “a failure to fight a legal

battles in my defense, false inprisonment [sic], medical malpraice
[sic] [and] for being in a nuclar [sic] war zone without pay.”
Plaintiff sought an award of monetary damages.
Plaintiff neither paid the Court’s filing fee nor submitted a
properly completed motion to proceed in forma pauperis.
Plaintiff is not entitled to proceed in forma pauperis.

The

applicable statute, 28 U.S.C. § 1915(g), provides, in relevant
part, as follows:
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.
See also Adepegba v. Hammons, 103 F.3d 383 (5th Cir. 1996).
Plaintiff

has,

on

three

or

more

prior

occasions

while

incarcerated, brought actions or appeals in the federal courts that
have been dismissed as frivolous, malicious, or for failure to
state

a

claim.1

Accordingly,

the

plaintiff

is

barred

from

proceeding in forma pauperis in this case,2 and he is required to
pay the full amount of the Court’s filing fee, without the benefit
of periodic installment payments.
Therefore;
IT IS ORDERED that the plaintiff is granted 21 days from the
date of this Order within which to pay $400.00, the full amount of
the Court’s filing fee.

The filing fee must be paid in full in a

1. Cases filed by the plaintiff that have been dismissed by
the federal courts as frivolous, malicious, or for failure to state
a claim include, but are not limited to, Stephen Murphy v. George
W. Bush, Civil Action No. 02-358 (W.D. La.), Stephen Murphy v.
Donald Walter, et al., Civil Action No. 02-548 (W.D. La.), and
Stephen Murphy v. Northwest Airlines, et al., Civil Action No. 02549 (W.D. La.).
2. The allegations in the plaintiff’s Complaint do not fall
within the exception to the statute.
2

single payment.

No partial payments will be accepted.

Failure to

pay the Court’s filing fee within 21 days shall result in the
dismissal of the plaintiff’s action without further notice from the
Court.
Baton Rouge, Louisiana, October 27, 2015.

STEPHEN C. RIEDLINGER
UNITED STATES MAGISTRATE JUDGE

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