Demos v. The United States et al

Filing 6

OPINION and ORDER Denying 4 Application to Proceed Without Prepaying Fees and Summarily Dismissing the 1 Complaint. Signed by District Judge Judith E. Levy. (SBur)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
John Robert Demos,
Plaintiff,
v.

Case No. 18-cv-11412
Judith E. Levy
United States District Judge

United States of America, et al.,
Mag. Judge Patricia T. Morris
Defendants.
________________________________/
OPINION AND ORDER DENYING APPLICATION TO PROCEED
WITHOUT PREPAYING FEES [4] AND
SUMMARILY DISMISSING THE COMPLAINT [1]
On April 30, 2018, plaintiff John Robert Demos, a prisoner
confined in Washington State, filed a complaint under various federal
provisions claiming that he was illegally kidnapped by government
officials. (Dkt. 1.) Plaintiff did not pay the necessary filing and
administrative fees, but accompanied his lawsuit with an application to
proceed in forma pauperis (Dkt. 4), which, if granted, would allow him
to pay the fees in manageable future installments. 28 U.S.C.A. §
1915(b) (West 2018). However, plaintiff has been enjoined from filing
such lawsuits without first obtaining leave to do so. And since leave has

neither been requested nor granted, the Court denies plaintiff’s
application and dismisses his complaint in its entirety.
*
Plaintiffs instituting a civil action in district court are required to
pay a $350 filing fee plus a fifty-dollar administrative fee before their
case can proceed. See § 1914(a). Although prisoners are liable for this
fee the same as any other plaintiff, they are afforded some leniency. If a
prisoner proceeds in forma pauperis, he or she will be permitted to pay
the fee in installments, tailored to his or her budget. § 1915(b).
Prisoners are not automatically entitled to proceed in forma
pauperis. District courts can deny them this status if on three or more
previous occasions they have filed a civil action while incarcerated and
it has been dismissed as frivolous, malicious, or because it failed to
state a claim for which relief could be granted. § 1915(g). This is
referred to as the three strikes rule. It prevents prisoners from filing a
series of meritless lawsuits in forma pauperis, with limited exceptions
not relevant to the present situation.
Plaintiff is no stranger to frivolous litigation. Over the years, he
has filed countless, meritless civil rights complaints, habeas petitions,
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and other federal lawsuits. See Demos v. Stabenow, No. 03-CV-60222AA, 2003 U.S. Dist. LEXIS 28963, at *2–4 (E.D. Mich. Nov. 12, 2003);
Demos v. Kincheloe, 563 F. Supp. 30, 31 (E. D. Wash. 1982); see also
Demos v. Storrie, 507 U.S. 290 (1993) (directing the Supreme Court
Clerk to reject all future petitions for certiorari in noncriminal matters
unless plaintiff pays the required fees). On account of his activities, he
is barred from proceeding in forma pauperis pursuant to the three
strikes rule. Moreover, due to his history of filing frivolous actions,
plaintiff has been enjoined by the Court from filing in forma pauperis
complaints without prior leave to do so. Demos v. United States, No.
2:08-CV-13965, 2008 U.S. Dist. LEXIS 72728, at *7–8 (E.D. Mich. Sep.
24, 2008). Plaintiff has neither requested nor obtained permission to file
the instant complaint. Consequently, Plaintiff is barred from initiating
this action.
Accordingly, IT IS ORDERED that plaintiff’s application to
proceed in forma pauperis be DENIED [4] and that his complaint be
DISMISSED. IT IS FURTHER ORDERED AND CERTIFIED that

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any appeal taken by the plaintiff would not be done in good faith.
IT IS SO ORDERED.
Dated: November 1, 2018
Ann Arbor, Michigan

s/Judith E. Levy
JUDITH E. LEVY
United States District Judge

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served
upon counsel of record and any unrepresented parties via the Court=s
ECF System to their respective email or First Class U.S. mail addresses
disclosed on the Notice of Electronic Filing on November 1, 2018.
s/Shawna Burns
SHAWNA BURNS
Case Manager

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