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, )

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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 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). -2­ 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. ( -3­

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