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Parks v. Cannizzaro

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA SECTION "E"
Jun 7, 2012
CIVIL ACTION No. 12-901 (E.D. La. Jun. 7, 2012)

Opinion

CIVIL ACTION No. 12-901

06-07-2012

LIONEL PARKS, Plaintiff v. LEON CANNIZZARO, et al., Defendants


ORDER AND REASONS

Before the Court is plaintiff Lionel Parks, Sr.'s ("Parks") "Objection to Magistrate's Order and Reasons." For the reasons set forth below, Parks' Motion is denied and the Magistrate Judge's Order is affirmed.

R. Doc. 3. While Parks' motion is fashioned as an "objection" to Magistrate Judge Shushan's Order and Reasons, the substance of his motion makes it clear that he is asking the Court to review that Order.

Pursuant to Federal Rule of Civil Procedure 72(a) and Local Rule 72.2, non-dispositive pretrial matters decided by a magistrate judge may be appealed to the district judge. The order of a magistrate judge may be reversed only "where it has been shown that the magistrate judge's order is clearly erroneous or contrary to law." 28 U.S.C. § 636(b)(1)(A); see also Fed. R. Civ. P. 72(a); LR 72.2.

Parks, a prisoner currently incarcerated in the Louisiana State Penitentiary, submitted an application to proceed in forma pauperis in this action against the Orleans Parish District Attorney Leon Cannizzaro. Magistrate Judge Shushan denied that application, citing a provision in the Prison Litigation Reform Act ("PLRA") prohibiting a prisoner from proceeding in forma pauperis if it is determined that he has filed three or more civil actions or appeals while incarcerated that have been dismissed as frivolous, malicious, or for failure to state a claim. A prisoner under imminent danger of serious physical injury may still proceed in form pauperis, even if he has already accumulated three "strikes" under PLRA.

R. Doc. 1.

R. Doc. 2 (citing 28 U.S.C. § 1915(g)).

Magistrate Judge Shushan determined that Parks has accumulated at least three strikes while incarcerated, and that his claims did not give rise to the "imminent danger" exception. After reviewing the applicable law, Magistrate Judge Shushan's Order and Reasons, and Parks' history of filing actions and appeals while incarcerated, the Court finds that Magistrate Judge Shushan's Order was not clearly erroneous or contrary to law.

The three dismissal orders considered by the Court to be "strikes" for PLRA purposes are attached as exhibits to this Order.
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Accordingly, IT IS ORDERED that Parks' Objection to Magistrate's Order and Reasons be and hereby is DENIED.

IT IS FURTHER ORDERED that Magistrate Judge Shushan's denial of Parks' application to proceed in forma pauperis be and hereby is AFFIRMED.

New Orleans, Louisiana, this 7th day of June, 2012.

___________

SUSIE MORGAN

UNITED STATES DISTRICT JUDGE


Summaries of

Parks v. Cannizzaro

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA SECTION "E"
Jun 7, 2012
CIVIL ACTION No. 12-901 (E.D. La. Jun. 7, 2012)
Case details for

Parks v. Cannizzaro

Case Details

Full title:LIONEL PARKS, Plaintiff v. LEON CANNIZZARO, et al., Defendants

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA SECTION "E"

Date published: Jun 7, 2012

Citations

CIVIL ACTION No. 12-901 (E.D. La. Jun. 7, 2012)