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Haltiwanger v. Williams

November 29, 2005

PATRICK HALTIWANGER, ADC #90474 PLAINTIFF
v.
LETONIO WILLIAMS, ET AL. DEFENDANTS



The opinion of the court was delivered by: Wm. R.Wilson,Jr. United States District Judge

ORDER

Pending are Plaintiff's, an inmate proceeding pro se, Motion for Reconsideration (Doc. No. 44) and Motion for Leave to Appeal In Forma Pauperis (Doc. No. 45).

Plaintiff's Motion for Reconsideration merely restates the arguments made in his objections to the recommended disposition. Therefore, the Motion for Reconsideration (Doc. No. 44) is DENIED.

Plaintiff has filed a notice of appeal with the Eighth Circuit Court of Appeals, and has requested leave to proceed in forma pauperis under 28 U.S.C. § 1915.*fn1 Defendants have filed an objection to Plaintiff's motion,*fn2 based on Plaintiff's status as a "three-striker" within the meaning of the Prison Litigation Reform Act (PLRA).*fn3

Although Plaintiff has submitted a declaration that makes the showing required by § 1915(a), his request to proceed in forma pauperis is DENIED. According to the PLRA, "[i]n 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 three (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."*fn4

The record reflects that Plaintiff has had three prior complaints dismissed as frivolous or for failure to state a claim upon which relief may be granted.*fn5

Therefore, Plaintiff's request to proceed in forma pauperis on appeal (Doc. No. 45) is DENIED. Accordingly, within thirty (30) days from the date of this Order Plaintiff must either pay to this Court the full $255.00 filing and docketing fees for filing an appeal, or file with the United States Court of Appeals for the Eighth Circuit an application to proceed in forma pauperis on appeal.*fn6

Plaintiff must file any future documents or pleadings in connection with his appeal directly with the Eighth Circuit Court of Appeals.

IT IS SO ...


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