In Re: Lewis v. , 82 F. App'x 843 ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-4412
In Re: ANDRE GERARD LEWIS,
Petitioner.
On Petition for Writ of Mandamus. (CR-99-314)
Submitted: September 29, 2003 Decided: December 18, 2003
Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Andre Gerard Lewis, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
In this petition for a writ of mandamus, Andre G. Lewis seeks
leave to proceed in forma pauperis. An inmate may proceed in any
federal court with partial prepayment of fees in certain
circumstances. 28 U.S.C. § 1915(b) (2000). However, the court may
dismiss the action if it concludes that “the allegation of poverty
is untrue or the action . . . is frivolous or malicious . . . [or]
fails to state a claim.” 28 U.S.C. § 1915(e)(2) (2000). After
reviewing the motion for leave to proceed in forma pauperis and the
mandamus petition, we find Lewis’s petition is frivolous, malicious
and fails to state a claim. Accordingly, we deny the motion for
leave to proceed in forma pauperis and dismiss the petition.
On August 19, 2003, by order to show cause, Lewis was ordered
to demonstrate why he should not be sanctioned for filing frivolous
actions in this Court and enjoined from filing further actions.
Lewis filed a response claiming his mandamus petition was not
frivolous and that because he is a pro se litigant, he should be
permitted to proceed without sanctions. After reviewing the
petition and Lewis’s history of filing frivolous actions in this
Court, we disagree. The mandamus petitions and numerous motions
Lewis has filed are consistently frivolous. In lieu of
particularized fees and costs and in light of Lewis’s utter
disregard for the limited resources of this court, we order Lewis
to pay sanctions in the amount of $500 payable to the clerk of the
2
court, as we have done in similar cases. See In re Vincent, 105
F.3d 943 (4th Cir. 1997). In addition, we enjoin Lewis from filing
any further appeals or other actions in this court until (1) the
sanctions are fully paid, and (2) the district court or this court
determines the action is not frivolous.
We deny Lewis’s motions for leave to proceed in forma pauperis
and we dismiss the mandamus petition. We sanction Lewis and enjoin
him from filing future actions in this court in accordance with
this opinion. We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials before
the court and argument would not aid the decisional process.
PETITION DENIED
3