Poiroux v. Elayn Hunt Correctional Center

Filing 2

ORDER: Plaintiff is granted 21 days from the date of this Order within which tox 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 Plaintiff's action without further notice from the Court. Filing Fee due by 5/2/2017. Signed by Magistrate Judge Erin Wilder-Doomes on 4/11/2017. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

ERIC POIROUX (#333738)

CIVIL ACTION

VERSUS
ELAYN HUNT CORRECTIONAL CENTER, ET AL.

NO. 17-0085-JJB-EWD

ORDER
This matter comes before the Court in connection with correspondence received from the
pro se plaintiff (R. Doc. 1), that the Court interprets to be an attempt to assert the violation of his
constitutional civil rights pursuant to 42 U.S.C. ' 1983.

Plaintiff, a person confined at the St.

Tammany Parish Jail, Covington, Louisiana, apparently seeks to resume or reinstate a prior lawsuit
commenced by him in this Court, Eric Poiroux v. J. Curry, et al., Civil Action No. 15-0860-JWDRLB, which lawsuit was dismissed in April, 2016, upon the failure of Plaintiff to pay the Court’s
filing fee.

Plaintiff also apparently complains that he has been subjected to harassment and abuse

at his current place of confinement including, inter alia, interference with his access to the mails,
to his legal work, and to writing materials.

Plaintiff has neither paid the Court’s filing fee nor

filed a motion to proceed in forma pauperis herein.
The statute applicable to the granting by federal courts of in forma pauperis status to
inmates in civil proceedings compels the conclusion that Plaintiff is not entitled to proceed as a
pauper in this case.

This statute, 28 U.S.C. ' 1915, provides, in pertinent part:

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). See also Adepegba v. Hammons, 103 F.3d 383 (5th Cir. 1996).
A review of the records of the federal courts reflects that 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, 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 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 Plaintiff=s action without further notice from the
Court.
Signed in Baton Rouge, Louisiana, on April 11, 2017.

S
ERIN WILDER-DOOMES
UNITED STATES MAGISTRATE JUDGE

1. Cases filed by Plaintiff while incarcerated that have been dismissed by the federal
courts as frivolous, malicious, or for failure to state a claim include, but are not limited to, Eric
Poiroux v. Bill Belt, et al., Civil Action No. 95-2297 (W.D. La.), Eric Poiroux v. Bill Belt, et al.,
Civil Action No. 96-0495 (W.D. La.), and Eric Poiroux v. Major C. Kenny, et al., Civil Action
No. 96-3027 (E.D. La.),
2. The Court finds that the allegations of Plaintiff=s Complaint do not fall within the
“imminent danger” exception to the statute.