Leffebre v. Federal Bureau of Prisons et al
Filing
10
ORDER accepting 6 Findings and Recommendations. Plaintiff's objections are overruled. Plaintiff is barred from proceeding in forma pauperis while he is incarcerated or detained in any facility unless he is under imminent danger of seriou s physical injury. Accordingly, the court denies Plaintiff's 4 Application to Proceed In Forma Pauperis and dismisses without prejudice this action for failure to pay the requisite filing fee. (Ordered by Judge Sam A Lindsay on 10/7/2014) (twd)
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
ANDRE DAVID LEFFEBRE, 02897-078,
Plaintiff,
v.
FEDERAL BUREAU OF PRISONS, et al.,
Defendants.
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Civil Action No. 3:14-CV-3034-L
ORDER
The case was referred to Magistrate Judge Paul D. Stickney, who entered Findings,
Conclusions and Recommendation of the United States Magistrate Judge (“Report”) on September
3, 2014, recommending that the court deny Plaintiff’s August 25, 2014 Application to Proceed In
Forma Pauperis (Doc. 4) and dismiss this action, pursuant to 28 U.S.C. § 1915(g), unless Plaintiff
pays the requisite filing fee within the time provided for filing objections. Because Plaintiff has
accumulated at least three strikes under section 1915(g) and has not alleged that he is in imminent
danger of physical injury, the magistrate judge concluded that he is barred from proceeding in forma
pauperis while incarcerated or detained in any facility unless he pays the requisite filing fee.
Plaintiff did not pay the requisite filing fee as required by the Report. Plaintiff instead filed seven
pages of objections to the Report and a Motion to Compel Discovery (Doc. 8). Although not
addressed in the Report, Plaintiff also filed a Motion for the Appointment of Co-Counselor (Doc.
5) on August 25, 2014.
Having reviewed the pleadings, file, record in this case, objections, and Report, the court
determines that the findings and conclusions are correct, accepts them as those of the court, and
Order – Page 1
overrules Plaintiff’s objections. As noted by the magistrate judge, the Fifth Circuit has imposed a
1915(g) bar against Plaintiff. See Leffebre v. Federal Corp. 270 F. App’x 353, 354 (5th Cir. Mar.
24, 2008) (per curiam). Plaintiff is therefore barred from proceeding in forma pauperis while he is
incarcerated or detained in any facility unless he is under imminent danger of serious physical injury.
See 28 U.S.C. § 1915(g). Plaintiff has not alleged, much less established, that he faced imminent
danger of serious physical injury when he initiated this action as required to meet the section
1915(g)’s imminent danger exception. See Banos v. O’Guin, 144 F.3d 883, 885 (5th Cir. 1998).
Accordingly, the court denies Plaintiff’s Application to Proceed In Forma Pauperis (Doc. 4) and
dismisses without prejudice this action for failure to pay the requisite filing fee. The clerk is
directed to term Document Numbers 5 and 8, which are denied as moot in light of the court’s
dismissal of this action.
It is so ordered this 7th day of October, 2014.
_________________________________
Sam A. Lindsay
United States District Judge
Order – Page 2
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