Demouchette v. Robertson et al, No. 2:2010cv01592 - Document 2 (E.D. La. 2010)

Court Description: ORDER & REASONS denying 1 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Sally Shushan on 6/3/2010. (rll, ) Modified on 6/3/2010 to edit document type (rll, ).

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Demouchette v. Robertson et al Doc. 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA PRESTON G. DEMOUCHETTE, JR. CIVIL ACTION VERSUS NO. 10-1592 PETER ROBERTSON, ET AL. SECTION “R” (1) ORDER AND REASONS Plaintiff, Preston G. Demouchette, Jr., an inmate currently incarcerated in the Louisiana State Penitentiary, in Angola, Louisiana, has submitted an application to proceed in forma pauperis in connection with the above-captioned 42 U.S.C. § 1983 complaint. Plaintiff alleges breach of contract and tort damages in conjunction with oil leases he allegedly owned. (Rec. Doc. No. 1, Complaint, p. 4). This is a non-dispositive pretrial matter which was referred to the undersigned United States Magistrate Judge pursuant to Local Rule 72.1E(b)(1) and 28 U.S.C. § 636(b). The Prison Litigation Reform Act ("PLRA"), Pub. L. No. 104-134, 110 Stat. 1321, signed into law on April 26, 1996, now codified at 28 U.S.C. § 1915(g), provides that a prisoner shall not be allowed to bring a civil action pursuant to 28 U.S.C. § 1915 if he Dockets.Justia.com has, on three 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 grounds that it was frivolous, malicious, or failed to state a claim for which relief can be granted, unless the prisoner is under imminent danger of serious physical injury. Plaintiff, while incarcerated, has filed at least three civil rights complaints which were dismissed as frivolous, malicious, and/or for failure to state a claim. He has therefore accumulated three “strikes” under the PLRA. See Preston George Demouchet, Jr. v. Ronald Bonvillian, et al., Civil Action No. 96-CV-7332-B (M.D. La.); Preston George Demouchet, Jr. v. Bernard E. Boudreaux, et al., Civil Action No. 98-CV-1063 (W.D. La.); Preston George Demouchette, Jr. v. Richard L. Stalder, et al., Civil Action No. 99-CV-0419 (W.D. La.).1 Accordingly, plaintiff may not proceed as a pauper in this action unless he fits within the “imminent danger” exception of § 1915(g). Plaintiff’s claims do not suggest in any way that he is under imminent or immediate danger of serious physical injury. Therefore, plaintiff cannot be allowed to bring this action as a pauper under 28 U.S.C. § 1915. Accordingly, 1 See also, Preston G. Demouchette, Jr. v. Capt. Hunter, et al., No. 09-0379-JJB-CN (M.D. La.) (denying pauper status based on three strikes pursuant to 28 U.S.C. § 1915(g)). 2 For all of the foregoing reasons, IT IS ORDERED that plaintiff’s application to proceed in forma pauperis is DENIED pursuant to 28 U.S.C. § 1915. New Orleans, Louisiana, this 3rd day of June, 2010. SALLY SHUSHAN UNITED STATES MAGISTRATE JUDGE 3

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