Allen v. Jones et al

Filing 7

MEMORANDUM ORDER IT IS ORDERED THAT THE 4 Order on Motion for Leave to Proceed in forma pauperis, GRANTING plaintiff's application to proceed ifp is hereby REVOKED AND RESCINDED; IT IS FURTHER ORDERED that in order for this complaint to remain viable, plaintiff must pay the full filing fee of $350.00 within 20 days from the date of this order Signed by Magistrate Judge James D Kirk on 4/28/09. (crt,Davis, C)

RECEIVED
I~ALEXANDRIA. LA

2009
TONY~WOi~'E, LERK C WESTERN I RICT OF LOUISIANA

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION

DERRICK JEROME ALLEN D.O.C.#295151 VERSUS KENNETRIA JONES, ET AL.

DOCKET NO. 08-CV-1731

JUDGE DEE D. DRELL MAGISTRATE JUDGE JAMES D. KIRK MEMORANDUM ORDER

Before the court is a pro se civil rights complaint filed by Plaintiff Derrick Jerome Allen (D.O.C. #295151)
.

Plaintiff is an

inmate in the custody of Louisiana's and Corrections Penitentiary complained of in (DOC);

Department of Public Safety

he is incarcerated at the Louisiana State Louisiana. while he was However, the incidents at Winn

Angola, occurred

incarcerated

Correctional Center in Winnfield, Plaintiff pursuant to has asked to

Louisiana. in forma pauperis [Doc. ["IFP"] #3] On

proceed of 28

the provisions

U.S.C.

§1915.

December 18, 2008, his motion to proceed IFP was granted. Further review of the court records reveals that

[Doc. #4] has

Plaintiff

filed numerous civil rights lawsuits, and more than three of those cases state were dismissed as frivolous, a claim for which malicious, or for failing to 28 U.S.C.

relief can be granted1 under

`Allen v. Johnson, et al., 1:02-CV-884 [Doc. #15]; Allen v. La. Dept. of Corrections, et al., 2:01-cv-409 [Doc. #7]; Allen v. Morgan, et al., 3:00--cv--009l [Doc. #43]; Allen v. Lott, et al., 3:06--cv--0384 [Doc. #23]; Allen v. Erwin, et al., 3:99--cv--0984 [Doc. #7]; Allen v. Shipp, et al., 3:00--cv--l269 [Doc. #8]; Allen

§1915(g), which provides: 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.

Plaintiff is very familiar with this provision, pointed out to him more than once.

as it has been

It has been cited by the Fifth Allen v. Morgan,

Circuit in at least one of Allen's lawsuits, 66 Fed. Appx.

526 (5th Cir. 2003)2, and more recently by this court 1:07--cv--1672, Doc. #5.

in Allen v. Hardwell, et al.,

Because Plaintiff has accumulated three or more "strikes" and his current complaint lack allegations injury, or evidence is not of imminent eligible to

danger of serious physical

Plaintiff

proceed in forma pauperis in this matter.

Therefore,

v. Morgan, 02--ca-30864, 66 Fed.Appx. 526 (5th Cir. 2003); Allen v. Johnson, et al., 02--ca--31019 66 Fed. Appx. 525 (5th Cir. 2003) 2"The district court's dismissal of this action as frivolous and this court's dismissal of this appeal as frivolous both count as `strikes' under 28 U.S.C. § 1915(g). Allen is cautioned that, if he accumulates three strikes under 28 U.S.C. § 1915(g), he may not proceed in forma pauperis in any civil action or appeal filed while he is incarcerated or detained in any facility unless he is in imminent danger of serious physical injury. See 28 U.S.C. § 1915(g) Allen v. Morgan, 2003 WL 21018093, 1 (5th Cir. 2003).
."

2

IT IS ORDERED that the Order granting Plaintiff's application to proceed in forma pauperis [Doc. #4] is hereby REVOKED and

RESCINDED; IT IS FURTHER ORDERED that, in order for this complaint to

remain viable, Plaintiff must pay the full filing fee of $350.00 within twenty (20) days from the date of this order. FAILURE TO PAY THE FULL FILING FEE WILL RESULT IN THE PLEADINGS FROM THE RECORD. THUS DONE AND SIGNED at Alexandria, Louisiana, this of 2009. (70 day BEING STRICKEN

STATES MAGISTRA E

3