United States District Court, M.D. Louisiana
TONNIE C. LUCKETT (#99443)
NATIONAL PERSONNEL RECORDS CTR., ET AL.
WILDER-DOOMES UNITED STATES MAGISTRATE JUDGE.
matter comes before the Court on Plaintiff’s Motion to
Proceed In Forma Pauperis.
se plaintiff, Tonnie C. Luckett
(“Plaintiff”), an inmate incarcerated at the
Louisiana State Penitentiary (“LSP”), Angola,
Louisiana, filed this action pursuant to 42 U.S.C. §
1983 against National Personnel Records Ctr., Washington D.C.
Department of Veterans Affairs, Hunter Medical Systems, Inc.,
Adjutant General, and Louisiana Department of Veterans
Affairs (“Defendants”), alleging his
Constitutional rights were violated in connection with a
request for documents pertaining to his blood
statute applicable to the granting by federal courts of
in forma pauperis status to inmates in civil
proceedings makes clear that Plaintiff is not entitled to
proceed as a pauper in this case. 28 U.S.C. § 1915(g)
In no event shall a prisoner bring a civil action or appeal a
judgment in a civil action or proceeding 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.
has, on three or more prior occasions while incarcerated,
brought actions or appeals in a federal district court that
have been dismissed as frivolous, malicious, or for failure
to state a claim.
inmate who has had three prior “strikes” may
still qualify to file a new civil action in forma
pauperis upon a showing of imminent danger. However,
this exception does not provide a basis to avoid application
of the three-strikes rule based on allegations of past
harm. An inmate who claims the benefit of this
exception must also show that the danger faced rises to the
level of exposure to a “serious physical
injury.” The possibility of serious injury at some
indefinite point in the future does not constitute the type
of emergency envisioned in the exception for imminent
danger. The imminent danger claimed by the inmate,
moreover, must be real, and not merely speculative or
filed his Complaint in this matter on June 19,
2019. Plaintiff alleges that the named entities
are wrongfully refusing to release records pertaining to
Plaintiff’s blood type. Plaintiff’s Complaint is
based solely on an inability to obtain records regarding his
blood type. Plaintiff does not allege any danger regarding
the inability to obtain information regarding his blood type,
so Plaintiff has not established any imminent danger as is
required to benefit from the exception to the three strikes
rule. Further, Plaintiff has filed actions based on these
same alleged wrongful acts on at least two prior
occasions. One of those suits was dismissed as
legally frivolous. Plaintiff’s repeated attempts to
litigate this issue also subject this case to dismissal as
express purpose of 28 U.S.C. § 1915(g) is to deter
frivolous prisoner filings in federal courts. “The
limited exception provided in subsection (g) for imminent
danger of serious physical injury operates as a safety valve
to ensure that, despite the filing of frivolous lawsuits in
the past, an abusive inmate facing future imminent serious
physical injury by prison officials will still be able to
pursue a judicial remedy to prevent such
injury.” Plaintiff fails to show that his
circumstances warrant an exception. Because Plaintiff is
barred from proceeding in forma pauperis in this
case, he is required to pay the full amount of the
Court’s filing fee.
IT IS ORDERED Plaintiff’s Motion to
Proceed In Forma Pauperis is
IS FURTHER ORDERED that Plaintiff is granted
twenty-one (21) days from the date of this Order within which
to pay $400.00, the full amount of the Court’s filing
fee. The filing fee must be paid in full in a single payment.
No. partial payments will be accepted.
to pay the Court’s filing fee within 21 days may result
in the dismissal of Plaintiff’s action without further
notice from the Court.