Moussaoui et al v. Hugh M Caperton v. A.T. Massey Coal Company Inc 556 US129 S. Ct2252 173 L. Ed. 2d 1208, 2009 et al

Filing 3

ORDER noting plaintiff has had at least three prior civil rights actions dismissed as frivolous or for failure to state a claim for relief, and thus is not entitled to proceed in forma pauperis pursuant to the three-strikes rule. Pl aintiff was given 30 days within which to pay the filing fee and he has failed to do so. Accordingly, it is ORDERED that plaintiff's complaint be FILED for the purpose of making a record and for statistical purposes only, and it is DISMISSED WITHOUT PREJUDICE. Signed by District Judge Thomas W Phillips on July 9, 2010. (copy mailed to Mr. Riches) (AYB)

Moussaoui et al v. Hugh M Caperton v. A.T. Massey Coal Company Inc 556... L. Ed. 2d 1208, 2009 et al

Doc. 3

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE at KNOXVILLE JONATHAN LEE RICHES, et al., Plaintiff, v. FRANK RICCI, et al., Defendants. ORDER This is a motion for a preliminary injunction and temporary restraining order filed by a pro se prisoner. Plaintiff did not tender the filing fee nor did he file an application to proceed in forma pauperis. The court noted that, while incarcerated, plaintiff has had at least three prior civil rights actions dismissed as frivolous or for failure to state a claim for relief, and thus is not entitled to proceed in forma pauperis pursuant to the three-strikes rule. Plaintiff was given 30 days within which to pay the filing fee and he has failed to do so. Accordingly, it is ORDERED that plaintiff's complaint be FILED for the purpose of making a record and for statistical purposes only, and it is DISMISSED WITHOUT PREJUDICE. ENTER: s/ Thomas W. Phillips United States District Judge No.: 3:10-cv-249

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