United States District Court, D. Massachusetts
PAGE KELLEY, UNITED STATES MAGISTRATE JUDGE
plaintiff Jason Dean Borden (“Borden”) is a
prisoner serving a sentence at Federal Medical Center -
Devens. On November 6, 2019, Borden filed this action without
paying the $400 filing and administrative fee, or seeking
leave to proceed in forma pauperis pursuant to 28 U.S.C.
§ 1915. A party bringing a civil action must either: (1)
pay the $350 filing fee and the $50 administrative
see 28 U.S.C. § 1914(a), or (2) seek leave to proceed
without prepayment of the filing fee, see 28 U.S.C. §
1915. Because Borden is a prisoner, a motion for waiver of
prepayment of the filing fee must be accompanied by “a
certified copy of the trust fund account statement (or
institutional equivalent) for the prisoner for the 6-month
period immediately preceding the filing of the complaint . .
. obtained from the appropriate official of each prison at
which the prisoner is or was confined.” 28 U.S.C.
§ 1915(a)(2). In addition, a prisoner must be denied in
forma pauperis status if such prisoner has “on three or
more prior occasions, an action . . . dismissed on the
grounds that it was frivolous, malicious, or fails to state a
claim upon which relief can be granted, ” (the
so-called “three strike” rule). 28 U.S.C. §
1915(g). If a prisoner has “three strikes, ” such
prisoner may only proceed in forma pauperis if he is
“under imminent danger of serious physical
Borden appears to be a “three-strikes” litigant.
Borden has filed numerous cases in the United States courts,
at least three of which have been dismissed. The Court
identifies two actions where dismissal was for failure to
state a claim upon which relief can be granted and one action
which was dismissed as frivolous. See Borden v.
Bullock, Civ. No. 1:09CV-P114-R, Order, ECF No. 6 (W.D.
Ky. Feb. 25, 2010) (Russell, J.) (dismissing action
“with prejudice for failure to state a claim on which
relief may be granted within the meaning of 28 U.S.C. §
1915A(b)(1).”); Borden v. U.S. District Court,
Western District of Kentucky, Civ. No. 1:08-cv-P132-M, Order,
ECF No. 22 (W.D. Ky. Sept. 9, 2009) (McKinley, J.)
(dismissing action “as frivolous pursuant to 28 U.S.C.
§1915A(b)(1) with prejudice.”); and Borden v.
Watt et al., Civ. No. 1:08CV-P167-M, Order, ECF No. 22
(W.D. Ky. Aug. 28, 2009) (dismissing action “with
prejudice pursuant to 28 U.S.C. § 1915A(b)(1) for
failure to state a claim upon which relief may be
granted.”). Copies of these orders are attached. See 28
U.S.C. § 1915(g). There are no allegations of imminent
danger of serious physical injury.
Borden shall, by December 4, 2019, either: (1) pay the filing
and administrative fee of $400, or (2) file a motion to
proceed in forma pauperis, along with his prison account
statement. To the extent Borden files a motion to proceed in
forma pauperis, he shall show cause why such status is not
barred by 28 U.S.C. § 1915(g). For the convenience of
litigants, this Court uses a form application to seek leave
to proceed in forma pauperis. The Clerk is directed to
provide plaintiff with the form Application to Proceed in
District Court Without Prepaying Fees or Costs. Failure to
comply with this Order will likely result in dismissal of
this action by a United States District Judge.
STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT BOWLING
DEAN BORDEN PLAINTIFF
DIXON BULLOCK DEFENDANT
ACTION NO. 1:09CV-P114-R
reasons set forth in the Memorandum Opinion entered this date
and being otherwise sufficiently advised, IT IS ORDERED that
Plaintiffs claims are DISMISSED with prejudice for failure to
state a claim on which relief may be granted within the
meaning of 28 U.S.C. § 1915A(b)(1).
being no just reason for delay in its entry, this is a final
Court certifies that an appeal in forma pauperis would not be
taken in good faith for the reasons set forth in the