Gordon v. Louisiana Department Of Public Safety and Corrections et al

Filing 5

RULING: The above-captioned proceeding be dismissed, without prejudice, for failure of the plaintiff to pay the Court's filing fee. Signed by Judge James J. Brady on 3/8/2016. (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. 15-0871-JJB-EWD

RULING
On January 20, 2016, pursuant to the Athree strikes@ provision of 28 U.S.C. ' 1915(g), the
Court determined that the plaintiff was not entitled to proceed in forma pauperis in this case and
ordered him to pay, within 21 days, the full amount of the Court=s filing fee. R. Doc. 4. The
plaintiff was placed on notice that a failure to comply with the Court=s Order Ashall result in the
dismissal of the plaintiff=s Complaint without further notice from the Court.@

Id.

In accordance with 28 U.S.C. ' 1915, a prisoner filing a civil action or appeal in federal
court may be granted in forma pauperis status but is nonetheless required to pay the full amount
of the Court=s filing fee over time in incremental installments.

However, such incremental

payments are not allowed and pauper status shall be denied where the prisoner has filed, on at least
three prior occasions while incarcerated, actions or appeals that have been dismissed as legally
baseless. Specifically:
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).

In the instant case, 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, malicious
or for failure to state a claim upon which relief may be granted. 1

Accordingly, pursuant to

Adepegba v. Hammons, 103 F.3d 383 (5th Cir. 1996), and 28 U.S.C. ' 1915(g), this Court directed
the plaintiff to pay the full amount of the Court=s filing fee within 21 days.

A review of the record

by the Court reflects that the plaintiff has failed to pay the filing fee as ordered. Accordingly,
IT IS ORDERED that the above-captioned proceeding be dismissed, without prejudice,
for failure of the plaintiff to pay the Court=s filing fee.
Judgment shall be entered accordingly.
Signed in Baton Rouge, Louisiana, on March 8, 2016.





JUDGE JAMES J. BRADY
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

1. Cases or appeals 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, 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. 930878-FJP-SCR (M.D. La.), Curtis Gordon v. Sgt. McKnight, et al., Civil Action No. 94-0001-FJPSCR (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. 95-0158-JVP-SCR (M.D. La.), and Curtis Gordon v. J. L.
Bolden, et al., Civil Action No. 95-0594-JVP-CN (M.D. La.).