Jacques v. U S P Pollock et al

Filing 9

MEMORANDUM ORDER re 6 Order on Motion for Leave to Proceed in forma pauperis. Because Jacques has, on three or more prior occasions, while incarcerated or detained in a facility, brought an action or appeal that was dismissed as frivolous, malici ous, or for failing to state a claim upon which relief may be granted, and because he is not in imminent danger of serious physical injury, Jacques is not entitled to proceed in forma pauperis. THEREFORE, the Order granting Jacquess application to p roceed in forma pauperis (Doc. 6) is hereby REVOKED and RESCINDED. Jacques must pay the full filing fee of four hundred dollars ($400.00) within twenty (20) days from the date of this order. FAILURE TO PAY THE FULL FILING FEE WILL RESULT IN THE PLEADINGS BEING STRICKEN FROM THE RECORD. Signed by Magistrate Judge Joseph H L Perez-Montes on 6/14/2017. (crt,ThomasSld, T)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
ALEXANDRIA DIVISION
MARK JACQUES (#75560-004)
Plaintiff

CIVIL ACTION NO. 1:17-CV-523-P

VERSUS

CHIEF JUDGE DEE D. DRELL

MEDICAL DEPARTMENT USP
POLLOCK, ET AL.,
Defendants

MAGISTRATE JUDGE PEREZ-MONTES

MEMORANDUM ORDER
Before the Court is a complaint filed by pro se Plaintiff Mark Jacques1
(“Jacques”) (#75560-004) under the Federal Tort Claims Act and Bivens v. Six
Unknown Agents of the Federal Bureau of Narcotics.2 Jacques was granted leave to
proceed in forma pauperis. (Doc. 6). Jacques is an inmate in the custody of the Bureau
of Prisons, incarcerated at the United States Penitentiary in Pollock, Louisiana.
Jacques has filed civil actions and appeals in the federal courts, at least three
of which were dismissed as frivolous, malicious, or for failing to state a claim for which

On his complaint before the Court, Jacques spells his first name “Mark.” However,
according to the Bureau of Prisons, Jacques’s name is “Marc Jacques.” Additionally,
all of Jacques prior civil actions filed in the federal courts indicate Jacques’s first
name is “Marc,” rather than “Mark.”
2 In Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S.
388 (1971), the Supreme Court recognized that certain circumstances may give rise
to a private cause of action against federal officials that is comparable to the statutory
cause of action permitted against state officials by 42 U.S.C. § 1983.
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relief can be granted.3 This Court previously denied Jacques leave to proceed in

forma pauperis based on 28 U.S.C. § 1915(g). (1:15-cv-1838; Doc. 8).
A prisoner shall not be granted pauper status under § 1915(g) 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).
Jacques complains about the medical care he received for glaucoma. Jacques
does not allege facts that show he is in “imminent danger of serious physical injury.”
Because Jacques has, on three or more prior occasions, while incarcerated or detained
in a facility, brought an action or appeal that was dismissed as frivolous, malicious,
or for failing to state a claim upon which relief may be granted, and because he is not
in imminent danger of serious physical injury, Jacques is not entitled to proceed in

forma pauperis.
THEREFORE, the Order granting Jacques’s application to proceed in forma

pauperis (Doc. 6) is hereby REVOKED and RESCINDED;
IT IS FURTHER ORDERED that, in order for this complaint to remain viable,
Jacques must pay the full filing fee of four hundred dollars ($400.00) within twenty

Marc Jacques v. BOP, 5:14-cv-26 (M.D. Fla.); appeal dismissed as frivolous #1415775 (11th Cir.); Marc Jacques v. U.S. Sentencing Commission, 1:15-cv-1216 (W.D.
La.).
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(20) days from the date of this order. FAILURE TO PAY THE FULL FILING FEE
WILL RESULT IN THE PLEADINGS BEING STRICKEN FROM THE RECORD.
14th
THUS DONE AND SIGNED in chambers in Alexandria, Louisiana, this _____
day of June, 2017.
___________________________________
Joseph H.L. Perez-Montes
United States Magistrate Judge

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