Thompson v. State of Louisiana et al

Filing 8

MEMORANDUM ORDER: The 2/7/2014 order 7 Order on Motion for Leave to Proceed in forma pauperis is hereby REVOKED and RESCINDED. Plaintiff must pay the full filing fee of $400 within 14 days from the date of this order. Failure to pay the full filing fee will result in his pleadings being dismissed and stricken from the record. Notice emailed to National Three Strikes List. Signed by Magistrate Judge Karen L Hayes on 4/14/2014. (crt,Gregory, C)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
RICKY ANDREW THOMPSON

CIVIL ACTION NO. 3:14-cv-0102

VS.

SECTION P
JUDGE ROBERT G. JAMES

STATE OF LOUISIANA, ET AL.

MAGISTRATE JUDGE KAREN L. HAYES

MEMORANDUM ORDER
Pro se plaintiff Ricky Andrew Thompson, a prisoner/detainee in the custody of the
Ouachita Correctional Center, filed the instant civil rights complaint on January 21, 2014.
Plaintiff sued the State of Louisiana, the Fourth Judicial District Court, the District Attorney for
the Fourth Judicial District, the Monroe Police Department, the United States District Court for
the Western District of Louisiana, and the City Court of Monroe apparently contesting past
arrests, prosecutions, and court cases. [Doc. 1]
On February 4, 2014, plaintiff submitted an application to proceed in forma pauperis.
Therein he answered “No” under penalty of perjury to the following question, “Have you on any
prior occasion, while incarcerated or detained in any prison, jail, or other facility, brought an
action in federal court that was dismissed on the rounds that it was frivolous, malicious, or failed
to state a claim upon which relief could be granted?” [Doc. 5, p. 7] Based upon that declaration,
along with his claim of poverty, the undersigned granted in forma pauperis status on February 7,
2014. [Doc. 7]
The records of this court, along with the records of the United States District Court for
the Northern District of Georgia, belie plaintiff’s claim. Plaintiff, while incarcerated at the Fulton

County Jail, Atlanta, Georgia filed at least three civil rights complaints that were dismissed for
failing to state a claim on which relief may be granted –
1. Ricky Andrew Thompson v. K. Baldini et al., No. 1:06-cv-01812, dismissed for failing
to state a claim pursuant to 28 U.S.C. §1915A(b)(1) on September 5, 2006;
2. Ricky Andrew Thompson v. Paul Howard, Jr., No. 1:07-cv-0303, dismissed for failing
to state a claim pursuant to 28 U.S.C. §1915A(b)(1) on March 21, 2007; and,
3. Ricky Andrew Thompson v. Cathlene “Tina” Robinson, No. 1:07-cv-1239, dismissed
for failing to state a claim pursuant to 28 U.S.C. §1915A(b)(1) on June 18, 2007.
In addition, the records of this Court reveal that plaintiff, while a prisoner at the
Richwood Correctional Center, filed a civil action that was dismissed with prejudice on
September 30, 2010, as frivolous, for failing to state a claim, and for seeking money damages
from defendants who were immune from suit. See Ricky Thompson v. City of Monroe, No. 3:10cv-0710.
Title 28 U.S.C. §1915(g) 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 aware of this provision since it was invoked to bar him from proceeding in
forma pauperis in the Northern District of Georgia. See Ricky Thompson v. Cathlene “Tina”
Robinson, No. 1:07-cv-1838 at Doc. 3, August 24, 2007.
The instant complaint, while difficult to decipher, does not contend that plaintiff is under
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imminent danger of any physical injury, much less serious physical injury. Further, plaintiff has
attempted to perpetrate a fraud upon the Court by submitting a fraudulent accounts statement
and, by failing to alert the Court that he has accumulated more than three strikes and is thus
ineligible to proceed in forma pauperis.
Therefore,
The February 7, 2014 order granting plaintiff in forma pauperis status [Doc. 7] is hereby
REVOKED and RESCINDED;
In order for this complaint and its associated motions and pleadings to remain viable,
plaintiff must pay the full filing fee of $400.00 (four hundred dollars) within fourteen (14)
days from the date of this order. FAILURE TO PAY THE FULL FILING FEE WILL
RESULT IN HIS PLEADINGS BEING DISMISSED AND STRICKEN FROM THE
RECORD.
Further, plaintiff is advised: FUTURE ATTEMPTS TO COMMIT A FRAUD UPON
THIS COURT WILL RESULT IN THE IMPOSITION OF ADDITIONAL SANCTIONS.
Finally, the Clerk of the Court is directed to send a copy of this Order to the Keeper of the
Three Strikes List, Tyler, Texas.
THUS DONE AND SIGNED in Chambers, in Monroe, Louisiana this 14th day of April,
2014.

________________________________________
KAREN L. HAYES
UNITED STATES MAGISTRATE JUDGE

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