Stansberry v. Entry Federal Supreme Court

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
LEE ROY J. STANSBERRY,
Plaintiff,
v.
ENTRY Federal Supreme Court, et al.,
Defendants.
Case No. 3:22-cv-00278-JMK
ORDER OF DISMISSAL FOR DEFICIENT FILING
On December 13, 2022, Lee Roy J. Stansberry, a self-represented prisoner,
filed 	a 	Complaint 	titled 	“Contempt 	of 	U.S. 	Marshals 	Hate 	Mail 	Crimes 	to
Undermining Black Prisoner.”1 The Court sent a Notice of Electronic Filing (“NEF”)
confirming 	receipt 	of 	the 	filing 	to 	Mr. 	Stansberry, 	which 	was 	returned 	as
undeliverable.2 	A notation on the returned envelope indicates Mr. Stansberry
refused to accept the mail.3
In order to properly commence a civil action, a litigant must either pay the
filing fee of $402.00 or file an application to waive prepayment of the filing fee.4
Prisoner litigants requesting to waive prepayment of the filing fee must include a
1 Docket 1.
2 Docket 2.
3 Id.
4 Local Civil Rule 3.1(c).
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Case No. 3:22-cv-00278-JMK, Stansberry v. Entry Federal Supreme Court
Order of Dismissal for Deficient Filing
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statement from their prison trust account for the past six months.5 Mr. Stansberry
has not paid the filing fee or filed the application to waive prepayment of the fee.
Accordingly, this civil action is deficient.
The Court takes Judicial Notice6 that Mr. Stansberry recently has filed five
other cases with this Court that also have not included the filing fee or an
application 	to 	waive 	prepayment 	of 	the 	filing 	fee.7 	The 	Orders 	notifying
Mr. Stansberry the filings were deficient all have been returned to the Court as
undeliverable mail. 	In the interests of judicial economy, the Court must dismiss
this case without leave to amend, but without prejudice should Mr. Stansberry wish
to refile a proper Complaint.
5 Local Civil Rule 3.1(c)(3).
6 Judicial notice is the “court’s acceptance, for purposes of convenience and without requiring a
party’s proof, of a well-known and indisputable fact; the court’s power to accept such a fact.”
B LACK’S LAW DICTIONARY (11th ed. 2019). A court can take judicial notice of its own files and
records. Fed. R. Evid. 201.
7 See Stansberry v. Enter State of Alaska Govs Dunleavy, Case No. 3:22-cv-214-SLG, Docket 2
(Returned/Undeliverable Mail 10/14/2022), Docket 3 (Deficient Filing Order dated 10/17/2022),
Docket 4 (Returned/Undeliverable Mail 11/01/2022); Stansberry v. Entry U.S. District Court, Case
No. 3:22-cv-00223-JMK, Docket 2 (Returned/Undeliverable Mail 10/24/2022), Docket 3 (Deficient
Filing Order dated 11/02/2022), Docket 4 (Returned/Undeliverable Mail 11/15/2022); Stansberry
v. Entry U.S. District Court, Case No. 3:22-cv-00231-JMK, Docket 2 (Deficient Filing Order dated
11/02/2022), Docket 3 (Returned/Undeliverable Mail 11/15/2022); Stansberry v. Enter Alaska Dept
of Revenue, Case No. 3:22-cv-211-RRB; Docket 2 (Returned/Undeliverable Mail 10/17/2022),
Docket 3 (Deficient Filing Order dated 11/03/2022), Docket 4 (Returned/Undeliverable Mail
11/15/2022); Stansberry v. Entry U.S. District Court Magistrate Judge John D. Roberts, 3:22-cv-
00257-SLG, Docket 2 (NEF Returned/Undeliverable); 	Docket 3 (Dismissal for Deficient Filing
12/15/2022).
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Case No. 3:22-cv-00278-JMK, Stansberry v. Entry Federal Supreme Court
Order of Dismissal for Deficient Filing
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In light of the foregoing, IT IS ORDERED that the filing at Docket 1 is
DISMISSED without prejudice. The Clerk of Court is directed to enter a judgment
accordingly.
DATED this 3rd day of January, 2023, at Anchorage, Alaska.
/s/ Joshua M. Kindred
JOSHUA M. KINDRED
UNITED STATES DISTRICT JUDGE
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