Pooler v. Cain et al

Filing 8

RULING : The above-captioned proceeding be dismissed, without prejudice, for failure of Plaintiff to pay the Court's filing fee. Judgment shall be entered accordingly. Signed by Chief Judge Brian A. Jackson on 8/1/2016. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

ROBERT POOLER (#234804)

CIVIL ACTION

VERSUS
N. BURL CAIN, WARDEN, ET AL.

NO. 16-0193-BAJ-EWD

RULING
On May 31, 2016, pursuant to the Athree strikes@ provision of 28 U.S.C. ' 1915(g), the
Court determined that 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. 7.

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, 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
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 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 Plaintiff to pay the Court=s filing fee.
Judgment shall be entered accordingly.
Baton Rouge, Louisiana, this 1 day of August, 2016.

BRIAN A. JACKSON, CHIEF JUDGE
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, Robert Lee
Pooler v. Edward J. Larrission, et al., Civil Action No. 94-1563 (E.D. LA), Robert Pooler v.
Kathleen Blanco, et al., Civil Action No. 07-0175-JVP-DLD (M.D. LA), and Robert Pooler v.
James M. LeBlanc, et al., Civil Action No. 09-0293-RET-CN (M.D. LA).