Russell v. Epps et al

Filing 34

ORDER denying 33 Motion to reconsider. Plaintiff is warned that he has 15 days from the entry of this order to submit payment of the $350.00 filing fee plus the $50.00 administrative fee in this action or this action will be dismissed without further written notice to the Plaintiff. Plaintiff is given this final opportunity to comply with the order 32 entered on August 28, 2013. Signed by Honorable David C. Bramlette, III on September 23, 2013 (lda)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
KEVIN RUSSELL, #K3887
VERSUS

PLAINTIFF
CIVIL ACTION NO. 5:12-cv-160-DCB-MTP

CHRISTOPHER EPPS, et al.

DEFENDANTS
ORDER

This cause comes before the Court on the Plaintiff’s motion [33] for reconsideration of
the order [32] entered August 28, 2013, denying his motion to proceed in forma pauperis
pursuant to 28 U.S.C. § 1915(g) as well as a motion for a temporary restraining order or
preliminary injunction, a motion to transfer Plaintiff “out of this prison system” and motion for a
hearing. Having reviewed the motion [33] and liberally construing same, this Court has
determined that the Plaintiff’s motion [33] is without merit and will be denied.
The Plaintiff argues that he should be allowed to proceed as a pauper in this action under
the exception provision of 28 U.S.C. § 1915(g), “imminent danger of serious physical injury.”
The Plaintiff bases his argument on the claim that guns and knives were found at the facility on
September 13, 2013. The Plaintiff’s argument relies on events that occurred months after the
Plaintiff filed his complaint, not at the time he filed the complaint as required by Baños v.
O’Guin, 144 F.3d 883, 884 (5th Cir. 1998)(emphasis added). The Plaintiff’s motion [33]
therefore does not alter the reasoning and conclusion of the Court’s order [32] entered on August
28, 2013.
The remaining requests in Plaintiff’s motion [33] are premature at this time. The Court
has directed Plaintiff to pay the filing fee of $350.00 plus an administrative fee of $50.00 which
he has not done. The Court therefore cannot proceed further with the case because the Plaintiff

has not complied with the order [32] of the Court. The other requests for relief in the motion
[33] are denied at this time for the Plaintiff’s failure to timely pay the filing fee and may be reurged once he pays the required fees. Accordingly, it is hereby,
ORDERED:
1. That the Plaintiff’s motion [33] to reconsider is denied.
2. That the Plaintiff is warned that he has 15 days from the entry of this order to
submit payment of the $350.00 filing fee plus the $50.00 administrative fee in this action or this
action will be dismissed without further written notice to the Plaintiff.
3. That Plaintiff is given this final opportunity to comply with the order [32] entered on
August 28, 2013, directing the Plaintiff to pay the filing fee of $350.00 plus an administrative fee
of $50.00. If the fee is paid by the Plaintiff or someone other than the Plaintiff, there must be a
written explanation that the money is being submitted as payment of the fee in this case
(5:12-cv-160-DCB-MTP) on behalf of the Plaintiff Kevin Russell, #K3887. The fee of $400.00
in this civil action may be payable to the Clerk, and mailed to the Clerk, 501 E. Court Street,
Suite 2.500, Jackson, Mississippi 39201.
SO ORDERED AND ADJUDGED, this the 23rd

day of September, 2013.

s/David Bramlette
UNITED STATES DISTRICT JUDGE

2