Montgomery v. Fisher et al
ORDER to pay filing fee within 21 days; WITHDRAWING 6 Order on Motion to Proceed in forma pauperis. Signed by District Judge Debra M. Brown on 6/18/15. (jtm)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
MARSHALL FISHER, ET AL.
The Court, sua sponte, reconsiders the in forma pauperis status of pro se prisoner Stanley
Montgomery under the Prison Litigation Reform Act (“PLRA”). Under the PLRA, an inmate may not
proceed in forma pauperis in a civil action if he has had three or more cases dismissed (“three strikes”)
as frivolous, malicious, or for failure to state a claim upon which relief may be granted, unless he is
under imminent danger of serious physical injury. 28 U.S.C. § 1915(g). 1 The Court recently
determined that Montgomery has already accumulated at least three strikes. See Montgomery v.
Mississippi Department of Corrections, 4:15-CV-21-DMB-JMV (Doc. #7).2 Thus, pursuant to 28
U.S.C. § 1915(g), Montgomery may proceed as a pauper only if he can demonstrate that he is in
imminent danger of serious physical harm.
Montgomery has submitted a complaint in this case challenging the conditions of his
confinement under 42 U.S.C. ' 1983. Upon careful review, his allegations do not raise an inference
that he is in immenent danger of serious physical harm.
Section 1915(g) provides that “[i]n 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
In Montgomery v. Mississippi Department of Corrections, 4:15-CV-21-DMB-JMV, the Court found that Montgomery
accumulated “strikes” under 28 U.S.C. § 1915(g) in the following cases: Montgomery v. Palmer, 1:12-CV-73 (Doc. #41,
failure to state claim); Montgomery v. Mississippi Department of Corrections, 1:14-CV-8 (Doc. #16, failure to state claim);
and Montgomery v. Mississippi Department of Corrections, 3:14-CV-79-DPJ-FKB (S.D. Miss.) (Doc. #12, duplicative
lawsuit dismissed as malicious). Montgomery also earned a fourth strike in Montgomery v. State of Mississippi,
1:14-CV-125 (Doc. #12 & Doc. #13, failure to state claim under holding in Heck v. Humphrey, 512 U.S. 477 (1994)).
It is therefore ORDERED that Montgomery’s pauper status is REVOKED, and the prior order
 granting him leave to proceed in forma pauperis is WITHDRAWN.
It is further ORDERED that Montgomery must pay the filing fee within twenty-one (21) days
of the date of this order. If Montgomery fails to pay the filing fee within twenty-one (21) days, the
Clerk of the Court is DIRECTED to dismiss this case without further action by the Court.
SO ORDERED, this 18th day of June, 2015.
/s/ Debra M. Brown
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?