Banks v. U. S. Postmaster, Yazoo City et al

Filing 7

ORDER denying 4 Motion for Reconsideration re 3 Order on Motion for Leave to Proceed in forma pauperis, Signed by Honorable David C. Bramlette, III on 10/22/2008 (dtj)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION FREDERICK BANKS, #05711-068 VERSUS U.S. POSTMASTER YAZOO CITY, et al. PLAINTIFF CIVIL ACTION NO. 5:08-cv-281-DCB-MTP DEFENDANTS

ORDER DENYING PLAINTIFF'S MOTION TO RECONSIDER BEFORE THE COURT is Plaintiff's Motion for Reconsideration [4] filed September 26, 2008. Plaintiff moves the Court to reconsider the order [3] entered on September 22, 2008, which denied Plaintiff's request to proceed in forma pauperis based on his "three strikes" and the Plaintiff was directed to pay the filing fee within twenty days. Having considered the issues raised in the motion [4] along with the applicable case law, the Court finds that the motion is not well-taken and should be denied. As previously explained to the Plaintiff, this Court has the power to liberally construe a pro se plaintiff's pleading as one brought pursuant to another statute. See Davis v. Fechtel, 150 F.3d 486 (5th Cir. 1998); Dickerson v. Louisiana, 816 F.2d 220 (5th Cir. 1987). In addition, Plaintiff has previously been advised that he can not pursue a criminal proceeding against a defendant for an alleged violation of his constitutional rights. See United States v. Batchelder, 442 U.S. 114 (1979); see also United States v. Nixon, 418 U.S. 683, 693 (1974); Inmates of Attica Correctional Facility v. Rockefeller, 477 F.2d 375 (2d Cir. 1973); Williams v. Luttrell, 99 F.App'x 705, 707 (6th Cir. 2004). Plaintiff's latest filing is nothing more than an attempt to

circumvent the PLRA's proscription against litigants who abuse the privilege of proceeding in forma pauperis. Plaintiff is merely on equal footing with every other federal litigant who is required to pay the filing fee. Adepegba v. Hammons, 103 F.3d 383, 386-87 (5th Cir. 1996). IT IS HEREBY ORDERED that the Plaintiff's Motion to Reconsider [4] filed on September 26, 2008, is DENIED. The Plaintiff is ORDERED to pay the full filing fee of $350.00 on or before October 13, 2008, or this action will be summarily dismissed, without further notice to the Plaintiff. This the 22nd day of October, 2008. s/ David Bramlette UNITED STATES DISTRICT JUDGE

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