Lewis v. State of Oklahoma

Filing 5

ORDER. Plaintiff shall cure the deficiencies designated and submit an amended complaint on the Court's approved form to the Clerk of the Court for filing no later than June 21, 2017. Plaintiff shall either pay the $400.00 filing fee or file a properly supported application seeking leave to proceed in forma pauperis no later than June 21, 2017. Signed by Magistrate Judge Charles B Goodwin on 05/31/2017. (jb)

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
HERBERT R. LEWIS JR.,
Plaintiff,
v.
STATE OF OKLAHOMA et al.,
Defendants.

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Case No. CIV-17-544-F

ORDER
Plaintiff Herbert R. Lewis Jr., a state pretrial detainee appearing pro se, has
submitted a one-paragraph handwritten document alleging that “Defendants acting under
color of law” violated Plaintiff’s federal constitutional rights “to a fair and speedy trial”
and against “illegal search and seizure.” Doc. No. 1. Having reviewed Plaintiff’s filing,
and liberally construing it as a complaint under 42 U.S.C. § 1983, the Court finds that the
pleading is deficient for the reasons outlined below.
First, Plaintiff’s complaint fails to separately identify the defendants, to provide a
“short and plain statement” of the facts supporting his legal claims, or to include a
decipherable “demand for the relief sought”—all as required by the Federal Rules of Civil
Procedure and by this Court’s Local Rules and approved Pro Se Prisoner Civil Rights
Complaint form. See Fed. R. Civ. P. 8(a); LCvR 9.2(a).
Second, Plaintiff has neither paid the required filing fee nor filed an application to
proceed in forma pauperis. The filing fee for a § 1983 action is $400, as noted on the
Court’s current fee schedule. A plaintiff must either prepay this filing fee or submit an
application requesting leave to proceed in forma pauperis—i.e., to proceed without full

prepayment and with a reduced filing fee of $350. If a plaintiff seeks to proceed in forma
pauperis, he or she must submit a sworn application on forms approved and supplied by
this Court. LCvR 3.3(a); see also 28 U.S.C. § 1915(a)(1). An in forma pauperis applicant
who is incarcerated is required by federal statute and by this Court’s Local Rules to provide
the Court with certain information regarding his or her prison bank account(s), which must
be certified by an appropriate prison official:
A prisoner seeking to bring a civil action . . . without prepayment of fees or
security therefor, in addition to filing the affidavit filed under paragraph (1),
shall submit a certified copy of the trust fund account statement (or
institutional equivalent) for the prisoner for the 6-month period immediately
preceding the filing of the complaint . . . , obtained from the appropriate
official of each prison at which the prisoner is or was confined.
28 U.S.C. § 1915(a)(2); accord LCvR 3.3(b). These documents must show that the plaintiff
is financially “unable to pay [the required] fees or give security therefor.” See 28 U.S.C.
§ 1915(a)(1).
Third, this Court’s records show that Plaintiff had already “acquired three strikes
pursuant to 28 U.S.C. § 1915(g)” before he conditionally filed this new action on May 10,
2017. Order Adopting R. & R. (Doc. No. 16) at 1, Herbert R. Lewis Jr. v. State of
Oklahoma, No. CIV-1256-F (W.D. Okla. May 4, 2016); see also R. & R. (Doc. No. 12) at
3-6, Lewis, No. CIV-1256-F (W.D. Okla. Mar. 25, 2016). Accordingly, Plaintiff is advised
that the Court cannot grant Plaintiff leave to proceed in forma pauperis in this action unless
Plaintiff also shows that he “is under imminent danger of serious physical injury.” Order
Adopting R. & R. at 1; see 28 U.S.C. § 1915(g), (h).

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CONCLUSION
IT IS ORDERED that Plaintiff—if he wishes to proceed with this lawsuit—shall
cure the deficiencies designated above and submit an amended complaint on the Court’s
approved form to the Clerk of the Court for filing no later than June 21, 2017. IT IS
FURTHER ORDERED that Plaintiff shall either pay the $400.00 filing fee or file a
properly supported application seeking leave to proceed in forma pauperis no later than
June 21, 2017. See LCvR 3.2, 3.3, 3.4; 28 U.S.C. § 1915(a)-(b), (g). The undersigned
will recommend that this action be dismissed without prejudice if Plaintiff fails to comply
with this Order.
The Clerk of the Court is directed to send the approved Pro Se Prisoner Civil Rights
Complaint form and an in forma pauperis application (prisoner cases) form to Plaintiff at
his address of record along with this Order.
IT IS SO ORDERED this 31st day of May, 2017.

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