Demouchette, Jr. v. LeBlanc

Filing 9

ORDER denying 4 Motion for Writ of Mandamus pursuant to 28 U.S.C. §1361 and 8 Motion for Relief from a Judgment or Order pursuant to Fed. R. Civ. P. 60. The 5 Motion to Proceed In Forma Pauperis ie DENIED AS MOOT. Plaintiff is granted fourteen (14) days from the date of this Order to pay the $400.00 filing fee.The filing fee must be paid in full in a single payment. No partial payments will beaccepted. Signed by Judge James J. Brady on 6/21/2017. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

PRESTON G. DEMOUCHETTE, JR. (#90331)

CIVIL ACTION

VERSUS
JAMES M. LeBLANC, ET AL.

NO. 17-00164-JJB-EWD

ORDER
Before the Court are Plaintiff=s Motion for a Writ of Mandamus pursuant to 28
U.S.C. § 1361 (R. Doc. 4) and Motion for Relief from a Judgment or Order pursuant to
Fed. R. Civ. P. 60 (R. Doc. 8). In both of these Motions, Plaintiff challenges the Court’s
Order of April 11, 2017 (R. Doc. 3), which denied his Motion to Proceed In Forma Pauperis
herein and directed him to pay the full amount of the Court’s filing fee.
Plaintiff is not entitled to the relief requested. In accordance with 28 U.S.C. §
1915(g), this Court has properly concluded that Plaintiff is not entitled to proceed as a
pauper in this case.

This statute 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.
See also Adepegba v. Hammons, 103 F.3d 383 (5th Cir. 1996).
Inasmuch as Plaintiff has, while incarcerated, brought three or more prior actions
that have been dismissed as frivolous, malicious or for failure to state a claim upon which

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relief may be granted,1 he is not entitled to proceed as a pauper herein.2

Accordingly,

IT IS ORDERED that Plaintiff=s for a Writ of Mandamus pursuant to 28 U.S.C. §
1361 (R. Doc. 4) and Motion for Relief from a Judgment or Order pursuant to Fed. R. Civ.
P. 60 (R. Doc. 8) are hereby DENIED.
Considering that the Court is denying Plaintiff’s Motion for Relief from Judgment or
Order, IT IS FURTHER ORDERED that Plaintiff’s second Motion to Proceed In Forma
Pauperis (R. Doc. 5) is DENIED AS MOOT.
IT IS FURTHER ORDERED that Plaintiff is granted fourteen (14) 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.
accepted.

No partial payments will be

Failure to pay the filing fee within 14 days shall result in the dismissal

of Plaintiff=s action without further notice from the Court.
Signed in Baton Rouge, Louisiana, on June 21, 2017.

S

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

1 Cases filed by Plaintiff, while incarcerated, that have been dismissed by the federal courts as frivolous or
for failure to state a claim include, but are not limited to, Preston George Demouchet, Jr. v. Ronald
Bonvillian, et al., Civil Action No. 96-7332-FJP-SCR (M.D., La.), Preston George Demouchet, Jr. v. Bernard
E. Boudreaux, et al., Civil Action No. 98-1063-RFD-MEM (W.D. La.), and Preston George Demouchette,
Jr. v. Richard L. Stalder, et al., Civil Action No. 99-0419-TLM-PAT (W.D. La.). The United States Court of
Appeals for the Fifth Circuit has concurred with this Court’s determination that Plaintiff has amassed three
“strikes” under 28 U.S.C. 1915(g). See Preston Demouchette v. James LeBlanc, No. 12-30947, and
Preston Demouchetted, Jr. v. James LeBlanc, et al., No. 14-31254.
2 The Court finds that the allegations of the Complaint do not fall within the Aimminent danger@ exception
to the statute.

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