Brooks v. State of Utah

Filing 2

MEMORANDUM DECISION AND ORDERdenying 1 Motion for Leave to Proceed in forma pauperis. Plaintiff is ordered to pay the entire $350.00 statutory filing fee within thirty days from the date of this order. Failure to do so will result in the dismissal of the complaint.. Signed by Judge Dale A. Kimball on 11/07/2011. (lnp)

IN THE UNITED &T{\ T:E.~ItJ~n;!p~T COURT
FOR THE Dis-l'R'Trel f@Fi trr.AltlR r

VEAR LEROY BROOKS,
Plaintiff,
vs.

DIS

L,,·, '" JV!~,MORANDUM DECISION

fl. 1

U IP.tJ

AND ORDER

BY:_L,__. _
DEPl.jTY CL~e No. 2:11-CV-lOOO-DAK

STATE OF UTAH,

I
I

District Judge Dale A Kimball

I

Defendant.

I

Plaintiff, Year LeRoy Brooks, an inmate at Utah State Prison, filed a civil rights
complaint against the State of Utah. As discussed below, the Court concludes that Brooks must
pay the filing fee before this case can proceed.
The in forma pauperis statute authorizes a court to let an indigent prisoner file a
complaint in federal court without prepaying the filing fee.' But, it also restricts those who have
repeatedly filed complaints that are frivolous or fail to state a valid claim. The relevant portion of
the statute provides:
In no event shall a prisoner bring a civil action ... under this
section if the prisoner has, on 3 or more prior occasions, while
incarcerated or detained in any facility, brought an action or appeal
in a court of the United States that was dismissed on the grounds
that it is frivolous, malicious, or fails to state a claim upon which
relief may be granted, unless the prisoner is under imminent danger
of serious physical injury.'
"These fee provisions are intended 'to reduce frivolous prisoner litigation by making all prisoners
seeking to bring lawsuits or appeals feel the deterrent effect created by liability for filing fees. ''',

128USC.S,§
1

-{d

1915(a)(2011),

§ 1915 (g),

3Cosby v. Meadors, 351 F.3d 1324, 1327 (10th Cic 2003) (quoting In re Smith, 114 F3d 1247, 1249 (D.C.Cir. 1997».

Brooks has filed three complaints in the United States District Court for the District of
Utah that were dismissed as frivolous or failing to state a claim upon which relief may be
granted. 4
Section 1915(g) applies here because (1) Brooks was a prisoner when he filed this
complaint; and (2) he has filed three or more prior cases in federal court that have been
dismissed as failing to state a claim or frivolous. The language of section 1915(g) is mandatory.
Thus, a federal prisoner who falls within the three-strikes provision is required to prepay the
entire filing fee before his claims may proceed further.
ORDER
Because he has filed three or more cases in federal court which have been dismissed as
failing to state a claim or frivolous, Brooks is not eligible to proceed further without prepaying
the filing fee in this case. Therefore, Brooks is DENIED leave to proceed without prepayment of
fees. He is ORDERED to pay the entire $350 statutory filing fee within thirty days from the date
of this order. Failure to do so will result in the dismissal of the complaint.

-2.- November, 2011.
BY THE COURT:

Utf~
DALE A. KIMBALL
United States District Judge

4See Brooks v. Clerk, No.2: IO-CV-1 TC (D. Utah Apr. 28, 2011) (dismissing complaint for failure to state claim upon
which relief may be granted); Brooks v. Frederick, No. 2:01-CV-833 DS (D. Utah June 12,2002) (same); Brooks v. Frederick,
No. 2:97-CV-647 DB (D. Utah Nov. 10, 1997) (same).