Wilson v. Cain et al

Filing 8

ORDER denying 5 EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis. The plaintiff is granted twenty-one (21) days from the date of this Order within which to pay $400.00, the full amount of the Courts filing fee. The filing fee m ust be paid in full in a single payment. No partial payments will be accepted. Failure to pay the Courts filing fee within 21 days shall result in the dismissal of the plaintiffs action without further notice from the Court. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 5/24/2016. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

LACAL L. WILSON
CIVIL ACTION
VERSUS
NO. 15-700-SDD-RLB
N. BURL CAIN, ET AL.
ORDER
This matter comes before the Court on the plaintiff’s Motion to Proceed In Forma
Pauperis (R. Doc. 5).
The pro se plaintiff, an inmate confined at Louisiana State Penitentiary, Angola,
Louisiana, filed this action pursuant to 42 U.S.C. § 19831 against N. Burl Cain and “Attorney
General State of Louisiana” asserting that his constitutional rights have been violated through
deliberate indifference to his serious medical needs.
The statute applicable to the granting by federal courts of in forma pauperis status to
inmates in civil proceedings makes clear that the plaintiff is not entitled to proceed as a pauper in
this case. 28 U.S.C. § 1915(g) 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.
A review of the records of this Court reflects that the plaintiff has, on three or more prior
occasions while incarcerated, brought actions or appeals in the federal court that have been

1

The plaintiff filed this action, in the United States District Court for the Eastern District of Louisiana, on a form to
be used by prisoners seeking relief under 28 U.S.C. § 2254. Based on the allegations set forth therein, his action
was construed as one filed pursuant to 42 U.S.C. § 1983 and transferred to this Court.

dismissed as frivolous, malicious, or for failure to state a claim.2 Accordingly, because the
plaintiff is barred from proceeding in forma pauperis in this case,3 he is required to pay the full
amount of the Court’s filing fee. Therefore:
IT IS ORDERED that the plaintiff’s Motion to Proceed in Forma Pauperis (R. Doc. 5) is
denied.
IT IS FURTHER ORDERED that the plaintiff is granted twenty-one (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 in Baton Rouge, Louisiana, on May 24, 2016.

S

RICHARD L. BOURGEOIS, JR.
UNITED STATES MAGISTRATE JUDGE

2

Cases filed by the plaintiff while incarcerated that have been dismissed by a federal court as frivolous or for failure
to state a claim include, but are not limited to, Lacal Wilson v. Loren McElevans, et al., Civil Action No. 94-3144MLCF (E.D. La.), Lacal Wilson v. Patrick J. Canulette, et al., Civil Action No. 97-1977-GTP (E.D. La.), Lacal
Lucky Wilson v. Chuckie Lee, et al., Civil Action No. 04-0371-SRD (E.D. La.), and Lacal Lucky Wilson v. Carolyn
Davenport, et al., Civil Action no. 04-0901-ILRL (E.D. La.).
3
The Court finds that the allegations of the plaintiff’s Complaint do not fall within the exception to the statute.