Robertson v. Williams et al
Filing
2
MEMORANDUM DECISION AND ORDER denying 1 Motion for Leave to Proceed in forma pauperis. Failure to pay the entire $350 statutory filing fee within 30 days from the date of this order will result in the dismissal of the complaint. Signed by Judge David Nuffer on 8/31/12 (alt)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
______________________________________________________________________________
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ROY DON ROBERTSON,
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MEMORANDUM DECISION
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AND ORDER
Plaintiff,
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vs.
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Case No. 2:12-CV-834-DN
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CAMMRON WILLIAMS et al.,
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District Judge David Nuffer
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Defendants.
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__________________________________________|___________________________________
Plaintiff/inmate, Roy Don Robertson, filed a civil rights complaint against Defendant
Cammron Williams and others. Robertson applies to proceed in forma pauperis. As discussed
1
below, the Court concludes that Robertson must pay the filing fee before this case can proceed.
The in forma pauperis statute allows an indigent prisoner to file a complaint in federal
court without prepaying the filing fee. But, it restricts those who have repeatedly filed
2
complaints that are frivolous or fail to state a valid claim. In relevant part, 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.
3
“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.’”
4
1
The court construes these pro se filings liberally. See Haines v. Kerner, 404 U.S. 519, 520 (1972).
2
28 U.S.C.S. § 1915(a) (2012).
3
Id. § 1915 (g).
4
Cosby v. Meadors, 351 F.3d 1324, 1327 (10th Cir. 2003) (quoting In re Smith, 114 F.3d 1247, 1249 (D.C.Cir. 1997)).
This Court has, in the past, dismissed one of Robertson's cases because he had "filed
several previous civil rights actions with the federal courts, several of which have been dismissed
as frivolous or failing to state a claim."5
Section 1915(g) applies here because (1) Robertson was a prisoner when he filed this
complaint; (2) he has filed three or more prior cases in federal court that have been
dismissed as frivolous or failing to state a claim; and (3) his allegations do not fall within the
exception to 1915(g). 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.
ORDER
Robertson is not eligible to proceed without prepaying the filing fee in this case because
he has filed three or more cases in federal court which have been dismissed as frivolous or failing
to state a claim. Therefore, Robertson 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.
August31st, 2010.
BY THE COURT:
_____________________________
DAVID NUFFER
United States District Judge
5
Robertson v. Johansen, No. 2:04-CV-465 TS (D. Utah July 16, 2004).
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