Bice v. Jordan

Filing 6

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Gary Dee Bice's motion for reconsideration (Docket No. 5) is DENIED. IT IS FURTHER ORDERED that plaintiff shall have an additional fourteen (14) days, to and including Friday, June 23, 2017, to pay the statutory filing fee of $400.00. ( Response to Court due by 6/23/2017.) Signed by District Judge John A. Ross on 6/5/2017. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
GARY DEE BICE,
Plaintiff,
v.
JOHN JORDAN,
Defendant.

)
)
)
)
)
)
)
)
)

No. 1:17-cv-76-JAR

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff Gary Dee Bice’s motion for reconsideration of
this Court’s May 19, 2017 Memorandum and Order denying him leave to proceed in forma
pauperis. For the reasons explained below, the motion will be denied.
Procedural History
Plaintiff filed his complaint on May 8, 2017, naming as defendant John Jordan, the
Sheriff of the Cape Girardeau County Jail, alleging claims concerning unauthorized use of his
bank card.
On that same date, plaintiff filed a motion seeking leave to proceed in forma pauperis. In
a Memorandum and Order dated May 19, 2017, the Court denied plaintiff’s motion pursuant to
28 U.S.C. § 1915(g). In so doing, the Court noted that plaintiff had previously filed three or
more cases that were dismissed as frivolous, malicious, or for failure to state a claim upon which
relief could be granted. The Court then carefully reviewed the complaint, and concluded that it
contained no allegations tending to show that plaintiff was under imminent danger of serious
physical injury. The Court directed plaintiff to pay the full amount of the filing fee or face
dismissal of his complaint.

Plaintiff now moves for reconsideration of that order. In support, he states that he does
not understand the Court’s order and asks that this Court grant his motion for leave to proceed in
forma pauperis.
Discussion
The Prisoner Litigation Reform Act provides, in relevant detail:
In 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 injury.
28 U.S.C. ' 1915(g).
As set forth in the May 19 Memorandum and Order, plaintiff has previously filed at least
three cases that were dismissed as frivolous, malicious, or for failure to state a claim. See Bice v.
Ester, No. 1:10-cv-93-SNLJ (E.D. Mo. Sept. 13, 2010); Bice v. Commission or Directors of
Cape Girardeau City Police Dept., No. 1:11-cv-27-SNLJ (E.D. Mo. Feb. 25, 2011); and Bice v.
Eastest, 1:13-cv-181 SNLJ (E.D. Mo. Mar. 26, 2014).

In addition, the allegations of the

complaint did not indicate that plaintiff was in imminent danger of serious physical injury. The
Court was therefore precluded from granting plaintiff leave to proceed in forma pauperis. The
instant motion provides no basis for changing that decision.
This does not mean that plaintiff cannot proceed with this case after paying the $400.00
filing fee. In consideration of plaintiff’s pro se status, the Court will grant him an additional
fourteen (14) days to pay the filing fee.
Accordingly,
IT IS HEREBY ORDERED that Gary Dee Bice’s motion for reconsideration (Docket
No. 5) is DENIED.
2

IT IS FURTHER ORDERED that plaintiff shall have an additional fourteen (14) days,
to and including Friday, June 23, 2017, to pay the statutory filing fee of $400.00.
Dated this 5th day of June, 2017.

JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

3