United States District Court, M.D. Louisiana
BRANDON S. LAVERGNE #424227
DOUGLAS McDONALD, ET AL.
WILDER-DOOMES, UNITED STATES MAGISTRATE JUDGE
matter comes before the Court on Plaintiff's
Complaint. The filing fee was not paid with the
filing of the complaint.
pro se Plaintiff, Brandon S. LaVergne
(“Plaintiff”) an inmate incarcerated at the
Louisiana State Penitentiary (“LSP”), Angola,
Louisiana, filed this action pursuant to 42 U.S.C. §
1983 against Douglas McDonald, Michael Vaughn, Darrell
Vannoy, and Joseph LaMartinaire (“Defendants”)
alleging that Defendants have violated his constitutional
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
has not alleged that he is in imminent danger of serious
physical injury, and the allegations of the Complaint do not
lead this Court to believe that Plaintiff is in imminent
danger of serious physical injury. Rather, Plaintiff's
allegations consist of past harms, including multiple alleged
acts of retaliation, disputes regarding disciplinary reports,
use excessive force, and infringement of Plaintiff's
right to freedom of speech and freedom of religion. Though
Plaintiff's complaints regarding alleged infringement of
his religious liberty and complaints regarding the alleged
“excessive sentence” imposed upon him are
ongoing; Plaintiff is not in imminent danger of serious
physical injury as a result of not being allowed to attend
religious services or as a result of his current
confinement. Accordingly, IT IS
ORDERED that the 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 shall result
in the dismissal of the plaintiff's action without
further notice from the Court.
 R. Doc. 1.
 Cases dismissed as frivolous or
failure to state a claim include but are not limited to
Brandon Scott Lavergne v. Advancial Federal Credit
Union, CV 13-2119-RTH-CMH (W.D. La.); Brandon Scott
Lavergne v. Laincy Vasseur Martinez, CV 13-2121-RTH-CMH
(W.D. La.); and Brandon Scott Lavergne v. ...