Larson v. Custer County District Court et al

Filing 3

RECOMMENDATION AND ORDER DISMISSING CASE. Larson's Motion to Proceed in Forma Pauperis 1 is DENIED, and the Clerk is directed to close the case. Signed by Judge Donald W. Molloy on 4/29/2011. Mailed to Larson. (TAG, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION

JAMES LEE LARSON,

FILED
APR 2 9 2011
PATRICK E. DUFFY. CLERK

By.=--=:-=;,,=-==-:~
DEPUTY CLERK. MISSOUlA

Cause No. CV-II-00022-H-DWM-RKS

Plaintiff,
vs.

RECOMMENDATION AND ORDER

CUSTER COUNTY DISTRICT
COURT, LEWIS AND CLARK
COUNTY DISTRlCT COURT, and
YELLOWSTONE COUNTY
DISTRlCT COURT,
Defendants.

Plaintiff James Lee Larson has filed a Motion to Proceed in forma pauperis
(CD. 1) in his thirty-ninth prisoner civil rights complaint filed.in this Court since
February 2008. (C.D.2). The Court has federal question jurisdiction pursuant to
28 U.S.c. § 1331.
Permission to proceed in forma pauperis is discretionary with the Court.
See 28 U.S.C. § 1915(a). In Judge Molloy's Orders of Dismissal of Civil Action
Nos. 09-CV-000l1-H-DWM-RKS and 09-CV-OOOI2-H-DWM-RKS, Larson was
required to show cause in any future motions to proceed in forma pauperis why the

motion should not be denied under the three strikes provision ofthe Prison
Litigation Reform Act. l Larson's motion to proceed in forma pauperis made no
such showing. Accordingly, Larson's motion to proceed in forma pauperis should
be denied.
While the Court ordinarily gives litigants an opportunity to pay the $3S0.00
filing fee, it will not do so in this case. Larson has a history of abusing the system
and filing repetitive, frivolous lawsuits. Long before he filed this action, Larson
knew, from his previous filings, he probably would not be permitted to proceed in
fonna pauperis.
Because Larson is not entitled to a ten-day period to object, this Order will
be entered directly upon endorsement. See Minetti v. Port ofSeattle, IS2 F.3d
1113, 1114 (9th Cir. 1998) (per curiam). No motion for reconsideration will be
entertained.

ILarson has been issued strikes pursuant to 28 U.S.C. § 1915(g) for failure to
state a claim in the following seven cases: Civil Action Nos. 08-CV-02-H-DWM
(§ 1983 action filed February 13,2008; closed June 24, 2008); 08-CV-044-BU­
SEH-RKS (§ 1983 filed July 28, 2008; closed September IS, 2008); 08-CV-OS1­
BU-SEH-RKS (§ 1983 filed August 8, 2008; closed September 29, 2008); 08-CV­
OS2-BU-SEH-RKS (§ 1983 filed August 8, 2008; closed September 29,2008); 08­
CV -OS4-BU-SEH-RKS (§ 1983 filed August 8, 2008; closed September 29, 2008);
08-CV-OS8-GF-SEH-RKS (§ 1983 filed August 12,2008; closed September 30,
2008); 08-CV-OS7-H-DWM-RKS (§ 1983 filed August 12, 2008; closed
September 30, 2008).
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Accordingly, the Court RECOMMENDS the following Order be issued by
Judge Molloy.
DATED this l S day of April, 2011.

~~~
Keith Strong
,/

United States Magistrate Judge

Based upon the above Recommendation by Judge Strong, the Court issues
the following:
ORDER
1. Larson's Motion to Proceed in Forma Pauperis (C.D. 1) is DENIED
pursuant to 28 U.S.c. § 1915(g).
2. The Clerk of Court is directed to close the case.
3. No motions for reconsideration or rehearing will be entertained and the
Clerk of Court is directed to discard any such motions.
DATED this

t1fL~ ofApril, 2011.

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