Hamilton v. Walters et al
Filing
2
MEMORANDUM DECISION denying 1 Motion for Leave to Proceed in forma pauperis. Plaintiff Tony Alexander Hamilton 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. Signed by Judge Ted Stewart on 5/20/2014. (amw)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
FILED
S O!STRICT COURT
ZOIIi MAY 20 p J 12
MEMORANDIUM~t:~f#l@ll){H
TONY ALEXANDER HAMILTON,
ANDQRDER
Plaintiff,
~"'-:-;:;-P';'7:;UT~Y:-::C~-~
Case No. 2:14-CV-139 . -LERK
VS.
District Judge Ted Stewart
PETE WALTERS et al.,
Defendants.
Plaintiff, Tony Alexander Hamilton, an inmate at Utah State Prison (USP), filed a civil
rights complaint against Defendants, all allegedly USP employees and former employees. He
applies to proceed in forma pauperis. As discussed below, the Court concludes that Hamilton
must pay the filing fee in full 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.'
1
28 U.S.C.S. § 1915(a)(2014).
2
/d. § 1915 (g).
"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."',
Hamilton has filed two cases and one appeal that have been dismissed as frivolous or
failing to state a claim. 4 Section 1915(g) applies here because Hamilton was a prisoner when
filing this complaint, and he has filed three or more prior cases or appeals in federal court that
have been dismissed as frivolous or failing to state a claim. The language of section 1915(g) is
mandatory. Thus, a federal prisoner who falls within the three-strikes provision must prepay the
entire filing fee before his claims may proceed. Hamilton has not (credibly) alleged that he "is in
imminent danger of serious physical injury"; therefore, he does not come within the exception to
section 1915(g).
ORDER
Hamilton is ineligible to proceed without prepaying the filing fee here because he has
filed three or more cases or appeals in federal court which have been dismissed as frivolous or
failing to state a claim, and the complaint does not fall within the three-strikes exception.
3
Cosbv v. Meadors. 351 F.3d 1324. 1327 (1Oth Cir. 2003) (quoting In re Smith, 114 F.3d 1247, 1249
(D.C.Cir. 1997)).
4
See Hamilton v. Ranger Enters., No. 2:03-CV-1073-DAK (D. Utah Feb. 14, 2005), a.ffd, No. 05-4050
(lOth Cir. Oct. 4, 2005); Hamilton v. Yardley, No. 2:97-CV-371-BSJ (D. Utah July 7, 1997) (granting Defendants'
motion for Rule 11 sanctions and stating that Hamilton may not file any similar pro se cases without first obtaining
leave of court).
Therefore, Hamilton is DENIED permission to further proceed IFP. 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.
May
2P", 2014.
BY THE COURT:
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