Barnes v. Voorhies et al

Filing 3

RULING : 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 by Judge John W. deGravelles on 5/16/2016. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

RICKEY BARNES (#119466)
CIVIL ACTION
VERSUS
NO. 16-183-JWD-RLB
DAVID VOORHIES, ET AL.
RULING
This matter comes before the Court in connection with the Court’s Order dated April 1,
2016 (R. Doc.2), denying the plaintiff authorization to proceed in forma pauperis in this case and
directing him to pay, within twenty-one (21) days, the full amount of the Court’s filing fee.
On April 1, 2016, pursuant to the “three strikes” provision of 28 U.S.C. § 1915(g), the
Court determined that the plaintiff was not authorized to proceed in forma pauperis herein and
ordered him to pay, within 21 days, the full amount of the Court’s filing fee. See R. Doc. 2. The
plaintiff was placed on notice that a failure to comply with the Court’s Order “shall result in the
dismissal of the plaintiff’s action 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 or for
failure to state a claim upon which relief may be granted.1 Accordingly, pursuant to 28 U.S.C. §
1915(g), this Court denied the plaintiff authorization to proceed in forma pauperis and directed
him 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 on April 1, 2016.
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 May 16, 2016.

S

JUDGE JOHN W. deGRAVELLES
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

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, Rickey Barnes v. Sgt. Donodon Guillory, CV 99-693-RET-CN (M. D.
La. Jan. 19, 2000); Rickey Barnes v. Asst. Warden Coody, CV 05-57-JVP-DLD (M.D. La. March 9, 2005) and
Rickey Barnes v. David Johnson, CV 03-83-JJB-SCR (M.D. La.), No. 11-30729 (5th Cir. Apr. 16, 2012) (appeal
dismissed as frivolous).