Stewart v. Wiley et al

Filing 6

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 Shelly D. Dick on 10/13/2017. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

CLARENCE STEWART (#248900)
CIVIL ACTION
VERSUS
17-541-SDD-RLB
JEFFREY F. WILEY, ET AL.

RULING
This matter comes before the Court in connection with the Court’s Order1 dated
September 1, 2017 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 September 1, 2017, 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.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.”3
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

1

Rec. Doc. 4.
See Rec. Doc. 4.
3
Id.
2

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.4 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 September 1, 2017.
Accordingly,

4

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: Clarence Tyrone Stewart, Jr. v. Elayn Hunts
Correctional Center, et al., Civil Action No. 13-0645-JJB-RLB (M.D. La.), Clarence Tyrone Stewart, Jr. v.
Robert Penn, Civil Action No. 12-0771-JJB-SCR (M.D. La.), Clarence Stewart, Jr. v. Department of
Corrections, Civil Action No. 96-3431-JVP-SCR (M.D. La.), Clarence Stewart, Jr. v. Time Picayune
Newpaper Co., Civil Action No. 95-1756-FJP-SCR (M.D. La.), Clarence Stewart, Jr. v. Burl Cain, et al.,
Civil Action No. 95-0707-FJP-CN (M.D. La.).

IT IS HEREBY 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.
IT IS FURTHER ORDERED that the Plaintiff’s pending Motions5 are DENIED AS
MOOT.
Signed in Baton Rouge, Louisiana on October 13, 2017.

S

JUDGE SHELLY D. DICK
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

5

Rec. Docs. 2 and 5.