Ewing v. William

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 12 Report and Recommendations and REVOKING IN FORMA PAUPERIS STATUS. Plaintiff must pay the Clerk of the Court the required filing fee within 30 days. Signed by Chief District Judge Louis Guirola, Jr. on 12/8/2016 (wld)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
RICKY RONNELL EWING, #34353

PLAINTIFF

v.

CAUSE NO. 1:16CV76-LG-RHW

AUSTIN WILLIAM

DEFENDANT

ORDER ADOPTING PROPOSED FINDINGS OF FACT AND
RECOMMENDATION AND REVOKING IN FORMA PAUPERIS STATUS
BEFORE THE COURT is the Report and Recommendation [12] of United States
Magistrate Robert H. Walker, in which he recommends that Plaintiff Ricky Ronnell
Ewing’s in forma pauperis status be revoked. After due consideration of Ewing’s
objection, the Court adopts the Magistrate Judge’s recommendation.
DISCUSSION
Ewing is an inmate at the South Mississippi Correctional Institution. He was
granted leave to proceed in forma pauperis in this action filed pursuant to 42 U.S.C. §
1983. (See Order Setting Payment Schedule, ECF No. 6). After Ewing was granted IFP
status, Magistrate Judge Walker discovered that Ewing has at least three “strikes”
against him.1 Magistrate Judge Walker accordingly concluded that pursuant to 28
U.S.C. § 1915(g), Ewing is not entitled to proceed in forma pauperis in this lawsuit.
Ewing filed a response to the Magistrate Judge’s recommendation in which he
does not dispute that he has accrued three strikes, but argues that he should not be
required to pay the filing fee because he is indigent and disabled. As the Magistrate

Ewing v. Jone, 1:15cv254-HSO-JCG; Ewing v. Cooley, 1:15cv277-HSO-JCG; and Ewing v. Richie,
1:16cv90-HSO-JCG.

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Judge noted, Ewing’s allegations do not show that he is in imminent danger of serious
physical injury, and therefore he does not qualify for the only exception to the three
strikes rule. The Magistrate Judge did not err in recommending that Ewing’s IFP
status be revoked.
CONCLUSION
Having conducted the required review of the issues presented, the Court finds
that Ewing fails to show that the § 1915(g) bar should not apply to this lawsuit. The
Court will adopt the Magistrate Judge’s recommendation that Ewing’s in forma
pauperis status be revoked pursuant to 28 U.S.C. § 1915(g). Ewing must pay the
$350.00 filing fee to avoid dismissal of this lawsuit.
IT IS THEREFORE ORDERED AND ADJUDGED that the Report and
Recommendation [12] of United States Magistrate Robert H. Walker is ADOPTED as
the findings and conclusions of this Court.
IT IS FURTHER ORDERED AND ADJUDGED that Plaintiff's in forma
pauperis status is hereby REVOKED. The plaintiff must pay the Clerk of the Court
the required filing fee within thirty (30) days. Failure to do so will result in dismissal
of this lawsuit for want of prosecution under Fed. R. Civ. P. 41(b).
SO ORDERED AND ADJUDGED this the 8th day of December 2016.
s/

Louis Guirola, Jr.

Louis Guirola, Jr.
Chief U.S. District Judge

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