United States District Court, W.D. Louisiana, Alexandria Division
DONALD E. WALTER
H.L. PEREZ-MONTES, UNITED STATES MAGISTRATE JUDGE
the Court is a Motion for Rule to Show Cause (Doc. 109) filed
by pro se Plaintiff Sean Wesley
(“Wesley”) (#372598). Wesley is an inmate in the
custody of the Louisiana Department of Corrections
(“DOC”), incarcerated at the Raymond Laborde
Correctional Center. At the time of filing, Wesley was
incarcerated at River Correctional Center in Ferriday,
Louisiana. In his Complaint (Doc. 1), Wesley alleges that he
has been denied medical treatment for Hepatitis C. In this
Motion (Doc. 109), Wesley asks that the Court order the DOC
to show why it should not be ordered to comply with 28 U.S.C.
Wesley has not demonstrated that the DOC has failed to comply
with § 1915, his Motion for Rule to Show Cause (Doc.
109) is DENIED.
alleges he made numerous sick calls for medical treatment due
to Hepatitis C. (Doc. 1, p. 3). Wesley claims he was denied
medical care by staff at numerous LaSalle Management Company,
LLC (“LaSalle Management”) facilities because
treatment is too expensive. (Docs. 1, 13, 14). Wesley was
also informed that he could not receive treatment until he
had been incarcerated for two years. (Doc. 18, p. 2). Wesley
states that LaSalle Management simply transferred him between
facilities rather than providing him with medical care.
(Docs. 1, 13, 14). Wesley allegedly experiences physical and
emotional pain as a result of the lack of treatment. (Doc. 1,
was granted leave to proceed in forma pauperis. (Doc. 16).
Law and Analysis
Wesley fails to adequately allege that the DOC is not in
compliance with § 1915. Wesley simply quotes the statute
and asks the Court to have the DOC comply. (Doc. 109).
another suit filed by Wesley regarding Hepatitis C
treatment-which has been dismissed-Wesley filed a similar
Motion for Rule to Show cause in which he provided additional
argument. (5:16-cv-1332; Doc. 75). In that Motion, Wesley
claimed that the DOC was taking more than 20% of funds above
$10.00 in one 30-day period in order to pay the filing fee
for Wesley’s appeal in that case. (5:16-cv-1332; Doc.
denying Wesley’s motion, the District Judge pointed out
that Wesley “misunderstands the IFP procedures in the
Prison Litigation Reform Act (“PLRA”).”
(5:16-cv-1332; Doc. 75). As the District Judge noted in
denying the motion:
(b)(1) Notwithstanding subsection (a), if a prisoner brings a
civil action or files an appeal in forma pauperis, the
prisoner shall be required to pay the full amount of a filing
fee. The court shall assess and, when funds exist, collect,
as a partial payment of any court fees required by ...