Miller v. Harson et al

Filing 11

ORDER denying 10 Motion for Reconsideration re 9 Order on Motion for Leave to Appeal in forma pauperis. Signed by Magistrate Judge C Michael Hill on 12/31/2014. (crt,GregorySld, C)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
DALE MILLER
LA. DOC #479248
VS.

CIVIL ACTION NO. 6:14-cv-2410
SECTION P
JUDGE DOHERTY

MICHAEL HARSON, ET AL.

MAGISTRATE JUDGE HILL

ORDER
Before the court the "Formal Complaint to Chief Justice" filed by pro se plaintiff
Dale Miller, which the Court has construed as a Motion to Reconsider. [rec. doc. 10]. By
this Motion, plaintiff complains that by denying plaintiff permission to proceed in forma
pauperis in this Court and on appeal and dismissing his Complaint for failing to pay the
Court's filing fee pursuant to the Three Strikes provision set forth in 28 U.S.C. § 1915(g)1,
which prohibits a prisoner from proceeding in forma pauperis in a civil action if he has
had three actions or appeals dismissed for frivolousness, maliciousness, or failure to state
claim, the Court has violated plaintiff's Constitutional right to access the courts. The

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Section 1915(g) provides as follows:

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.
Miller does not allege (nor do his pleadings remotely suggest) that he is under imminent danger
of serious physical harm.

Fifth Circuit, however, has held that the Three Strikes provision governing in forma
pauperis actions by prisoners does not violate the Constitutional right of access to the
courts because the provision "does not prevent a prisoner with three strikes from filing
civil actions; it merely prohibits him from enjoying IFP status." Carson v. Johnson, 112
F.3d 818, 821 (5th Cir. 1007). Accordingly, a prisoner with three strikes "still has right to
file suits if he pays the full filing fees in advance, just like everyone else." Id. Therefore;
Plaintiff's Motion to Reconsider [rec. doc. 10] is denied.
Signed at Lafayette, Louisiana on December 31, 2014.

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