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HENDERSON FORD v. FOTI

United States District Court, E.D. Louisiana.
Jul 2, 2001
ORDER AND REASONS

KAREN WELLS ROBY, United States Magistrate Judge.

The plaintiff, Henderson Ford, submitted this pro se complaint pursuant to Title 42 U.S.C. § 1983, while he was a prisoner incarcerated in the Orleans Parish Prison. Ford filed this suit against Orleans Parish Sheriff Charles C. Foti Jr., the Orleans Parish Prison medical service, the Orleans Parish Prison medical director, and the Prison's indemnity company. Ford alleges that the prison fails to provide him with adequate medical care. He alleges that because of his arrest, he missed his appointment to have a circumcision. He also claims that he may now have Hepatitis C and the doctors are not treating him progressively. Rec. Doc. 1, Complaint, p. 9-10. Ford seeks monetary damages, a declaratory judgment, and injunctive relief in the form of an order directing the defendants to provide him with adequate medical treatment.

With his complaint, Ford filed an application to proceed in forma pauperis pursuant to Title 28 U.S.C. § 1915, a non-dispositive pretrial matter which was referred to the undersigned magistrate judge pursuant to Local Rule 72.1E(b)(1) and Title 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 Title 28 U.S.C. § 1915(g), provides that a prisoner shall not be allowed to bring a civil action pursuant to Section 1915 if he 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.

The records of this Court reflect that Ford is a frequent litigant, having previously filed at least thirteen pro se and in forma pauperis complaints in this Court alone. The Court's records further show that Ford has had at least six prior in forma pauperis complaints dismissed as frivolous or for failure to state a claim for which relief can be granted which were filed while he was incarcerated. Those prior actions include Ford v. Foti, C.A. 84-2797 "H" (4) (E.D. La.); Ford v. Foti, C.A. 84-3291"E" (J)(2) (E.D. La.); Ford v. Fonseca, C.A. 84-3945 "J" (1) (E.D. La.); Ford v. Foti, C.A. 84-4577 "N" (3) (E.D. La.); Ford v. Foti, CA. 94-1575 "F" (1) (E.D. La.); and Ford v. William, C.A. 94-3902 "D" (1) (E.D. La.). Plaintiff's current claims do not relate to his physical safety. For the foregoing reasons,

IT IS ORDERED that plaintiff's application to proceed in forma pauperis is DENIED pursuant to Title 28 U.S.C. § 1915(g).