Hale v. State of Tennessee et al

Filing 12

MEMORANDUM OPINION: Because Plaintiff failed to heed the Court's warnings and failed to pay the filing fee, his civil rights lawsuit will be DISMISSED without prejudice pursuant to § 1915(g). Finally, Plaintiffs Motion to Reopen (Doc. 11 ) will be DENIED AS MOOT. Signed by District Judge Travis R McDonough on 8/28/2017. (BJL, )* Mailed to Thomas D. Hale. Modified on 8/28/2017 (BJL, ).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT CHATTANOOGA
THOMAS D. HALE, a/k/a RHEA HALE,
a/k/a THOMAS DANIEL EUGENE
HALE, a/k/a /S/DANA THE SOLOLIST,
a/k/a HALE LAW FIRM,
Plaintiff,
v.
STATE OF TENNESSEE, et al.,
Defendants.

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Case No. 1:16-cv-474
Judge Travis R. McDonough
Magistrate Judge Susan K. Lee

MEMORANDUM OPINION

This pro se civil rights complaint under 42 U.S.C. § 1983 was filed by a state inmate,
whose litigation history in federal courts led the Court to determine that he fell within the scope
of the three-strikes provision in 28 U.S.C. §1915(g). (Doc. 1.) That provision prohibits a
prisoner from filing a new civil action in forma pauperis if the prisoner, while incarcerated, has
brought three or more civil actions or appeals in federal court that were dismissed because they
were frivolous, malicious, or failed to state a claim, unless the prisoner is in “imminent danger of
serious physical injury.” Id.; §1915(g).
On March 14, 2017, the Court entered an order, finding that Plaintiff did not allege
credibly that he was in imminent danger; denying Plaintiff leave to file this case in forma
pauperis; allowing him thirty days from that date to pay the full $400 filing fee; and forewarning
him that, unless within that period, he paid the filing fee in its entirety, he would be assessed the
full filing fee and his case would be dismissed. (Doc. 10.)

More than thirty days have passed since entry of that order, and Plaintiff has failed to pay
the filing fee, though he, oddly enough, has submitted Motion to Reopen. (Doc. 11.) Because
Plaintiff failed to heed the Court’s warnings and failed to pay the filing fee, his civil rights
lawsuit will be DISMISSED without prejudice pursuant to § 1915(g). Finally, Plaintiff’s Motion
to Reopen (Doc. 11) will be DENIED AS MOOT.
AN APPROPRIATE ORDER WILL ENTER.
/s/ Travis R. McDonough
TRAVIS R. MCDONOUGH
UNITED STATES DISTRICT JUDGE

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