LeBlanc #333019 v. Kalamazoo County Sheriff
Filing
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OPINION Denying Leave to Proceed In Forma Pauperis- Three Strikes; signed by Chief Judge Paul L. Maloney (Chief Judge Paul L. Maloney, cmc)
UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JEFFREY R. LeBLANC,
Plaintiff,
Case No. 1:15-cv-165
v.
Honorable Paul L. Maloney
KALAMAZOO COUNTY SHERIFF,
Defendant.
____________________________________/
OPINION DENYING LEAVE
TO PROCEED IN FORMA PAUPERIS - THREE STRIKES
Plaintiff Jeffrey R. LeBlanc, a prisoner incarcerated at Macomb Correctional Facility, filed
a complaint pursuant to 42 U.S.C. § 1983. Plaintiff seeks leave to proceed in forma pauperis. Because
Plaintiff has filed at least three lawsuits that were dismissed as frivolous, malicious or for failure to state a
claim, he is barred from proceeding in forma pauperis under 28 U.S.C. § 1915(g). The Court will order
Plaintiff to pay the $400.00 civil action filing fee applicable to those who are not permitted to proceed in
forma pauperis within twenty-eight (28) days of this opinion and accompanying order. If Plaintiff fails to
do so, the Court will order that his action be dismissed without prejudice. Even if the case is dismissed,
Plaintiff will be responsible for payment of the $400.00 filing fee in accordance with In re Alea, 286 F.3d
378, 380-81 (6th Cir. 2002).
Discussion
The Prison Litigation Reform Act (PLRA), Pub. L. No. 104-134, 110 Stat. 1321 (1996),
which was enacted on April 26, 1996, amended the procedural rules governing a prisoner’s request for
the privilege of proceeding in forma pauperis. As the Sixth Circuit has stated, the PLRA was “aimed at
the skyrocketing numbers of claims filed by prisoners – many of which are meritless – and the
corresponding burden those filings have placed on the federal courts.” Hampton v. Hobbs, 106 F.3d
1281, 1286 (6th Cir. 1997). For that reason, Congress put into place economic incentives to prompt a
prisoner to “stop and think” before filing a complaint. Id. For example, a prisoner is liable for the civil
action filing fee, and if the prisoner qualifies to proceed in forma pauperis, the prisoner may pay the fee
through partial payments as outlined in 28 U.S.C. § 1915(b). The constitutionality of the fee requirements
of the PLRA has been upheld by the Sixth Circuit. Id. at 1288.
In addition, another provision reinforces the “stop and think” aspect of the PLRA by
preventing a prisoner from proceeding in forma pauperis when the prisoner repeatedly files meritless
lawsuits. Known as the “three-strikes” rule, the provision states:
In no event shall a prisoner bring a civil action or appeal a judgment in a
civil action or proceeding under [the section governing proceedings in
forma pauperis] 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).
The statutory restriction “[i]n no event,” found in § 1915(g), is express and unequivocal.
The statute does allow an exception for a prisoner who is “under imminent danger of serious physical
injury.” The Sixth Circuit has upheld the constitutionality of the “three-strikes” rule against arguments that
it violates equal protection, the right of access to the courts, and due process, and that it constitutes a bill
of attainder and is ex post facto legislation. Wilson v. Yaklich, 148 F.3d 596, 604-06 (6th Cir. 1998);
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accord Pointer v. Wilkinson, 502 F.3d 369, 377 (6th Cir. 2007) (citing Wilson, 148 F.3d at 604-06);
Rodriguez v. Cook, 169 F.3d 1176, 1178-82 (9th Cir. 1999); Rivera v. Allin, 144 F.3d 719, 723-26
(11th Cir. 1998); Carson v. Johnson, 112 F.3d 818, 821-22 (5th Cir. 1997).
Plaintiff has been an active litigant in the federal courts in Michigan. The Court has
dismissed at least three of his lawsuits as frivolous or for failure to state a claim. See LeBlanc v.
Kalamazoo Cnty. Sheriff, No. 1:14-cv-305 (W.D. Mich. July 29, 2014); LeBlanc v. Michigan, No.
1:14-cv-552 (W.D. Mich. June 19, 2014); LeBlanc v. Kalamazoo Cnty. Gov’t, No. 1:14-cv-308 (W.D.
Mich. May 21, 2014); LeBlanc v. Michigan, No. 1:14-cv-237 (W.D. Mich. Mar. 26, 2014). Moreover,
Plaintiff’s allegations do not fall within the exception to the three-strikes rule because he does not allege any
facts establishing that he is under imminent danger of serious physical injury.
In light of the foregoing, § 1915(g) prohibits Plaintiff from proceeding in forma pauperis
in this action. Plaintiff has twenty-eight (28) days from the date of entry of this order to pay the entire civil
action filing fee, which is $400.00. When Plaintiff pays his filing fee, the Court will screen his complaint as
required by 28 U.S.C. § 1915A and 42 U.S.C. § 1997e(c). If Plaintiff fails to pay the filing fee within the
28-day period, his case will be dismissed without prejudice, but he will continue to be responsible for
payment of the $400.00 filing fee.
Dated:
February 25, 2015
/s/ Paul L. Maloney
Paul L. Maloney
Chief United States District Judge
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SEND REMITTANCES TO THE FOLLOWING ADDRESS:
Clerk, U.S. District Court
399 Federal Building
110 Michigan Street, NW
Grand Rapids, MI 49503
All checks or other forms of payment shall be payable to “Clerk, U.S. District Court.”
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