Henderson v. Bishop et al

Filing 11

MEMORANDUM AND ORDER that the above-captioned cases are dismissed, with prejudice, as frivolous. Henderson's Motion for Leave to Proceed in Forma Pauperis (Filing No. 2) in Case No. 4:15cv3010 is denied. Henderson's Motion for Miscellaneo us Relief (Filing No. 7) in Case No. 4:15cv03010 is denied. The court will enter a separate judgment in accordance with this order. If Plaintiff seeks to appeal the dismissal of any of the above-captioned cases, his notice of appeal must be accompani ed by an appellate filing fee in the amount of $505.00 in that case. As Plaintiff is aware, he is not entitled to proceed informa pauperis without first showing a danger of imminent harm in accordance with 28 U.S.C. § 1915(g). Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
KEITH HENDERSON,
Plaintiff,
v.
ANTHONY BISHOP, et al.,
Defendants.

KEITH HENDERSON,
Plaintiff,
v.
MARTY ALLEN, et al.,
Defendants.

KEITH HENDERSON,
Plaintiff,
v.
ANTHONY BISHOP, et al.,
Defendants.

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4:15CV3010

MEMORANDUM
AND ORDER

4:15CV3040

MEMORANDUM
AND ORDER

4:15CV3041

MEMORANDUM
AND ORDER

KEITH HENDERSON,
Plaintiff,
v.
MARTY ALLEN, et al.,
Defendants.

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4:15CV3042

MEMORANDUM
AND ORDER

Keith Henderson is currently incarcerated at the Valdosta State Prison in
Valdosta, Georgia. He filed four cases in this court on January 21, 2015. The
Complaints are mostly nonsensical. However, it is apparent from the captions of his
Complaints that he is attempting to “appeal” numerous prior cases filed in the federal
district courts. (Case No. 4:15-cv-03010-JMG-PRSE, Filing No. 1 at CM/ECF p. 1;
Case No. 4:15-cv-03040-JMG-PRSE, Filing No. 1 at CM/ECF p. 1; Case No.
4:15-cv-03041-JMG-PRSE, Filing No. 1 at CM/ECF p. 1; Case No.
4:15-cv-03042-JMG-PRSE, Filing No. 1 at CM/ECF p. 1.)
As Henderson is most certainly aware, he is barred from proceeding in forma
pauperis in the federal district courts because he has brought at least three cases that
were dismissed for being frivolous or malicious or for failing to state a claim upon
which relief may be granted. See Henderson v. Wright, No. CV 311-110, 2012 WL
399125, *1 (S.D. Ga. Jan. 10, 2012). Indeed, the judges in the Southern District of
Georgia created a miscellaneous case file established solely for the purpose of
screening Henderson’s numerous frivolous filings in that district. See In re
Henderson, No. MC 3:12-402, 2014 WL 198996, *1 (S.D. Ga. Jan. 17, 2014).
Here, it is apparent from Henderson’s filings that he does not have a claim to
pursue in the District of Nebraska. Moreover, Henderson cannot “appeal” the rulings
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of other courts to this court. Henderson has filed similar complaints in federal district
courts across the United States. At least one other federal district court dismissed
Henderson’s complaint outright because it was obviously an attempt by Henderson
to “flout the procedures” established in the Southern District of Georgia. Henderson
v. State of Georgia, No. 1:15-cv-01007-JES (C.D. Il. Jan. 6, 2015). Like the court in
Henderson v. State of Georgia, this court “will not expend its limited resources
handling patently frivolous mailings.” Id.
IT IS THEREFORE ORDERED that:
1.

The above-captioned cases are dismissed, with prejudice, as frivolous.

2.
Henderson’s Motion for Leave to Proceed in Forma Pauperis (Filing No.
2) in Case No. 4:15-cv-03010-JMG-PRSE is denied.
3.
Henderson’s Motion for Miscellaneous Relief (Filing No. 7) in Case No.
4:15-cv-03010-JMG-PRSE is denied.
4.

The court will enter a separate judgment in accordance with this order.

5.
If Plaintiff seeks to appeal the dismissal of any of the above-captioned
cases, his notice of appeal must be accompanied by an appellate filing fee in the
amount of $505.00 in that case. As Plaintiff is aware, he is not entitled to proceed in
forma pauperis without first showing a danger of imminent harm in accordance with
28 U.S.C. § 1915(g).

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DATED this 15th day of April, 2015.
BY THE COURT:
s/ John M. Gerrard
United States District Judge

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