Stansberry v. Enter White House Admins

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
LEE ROY J. STANSBERRY,
Plaintiff,
v.
ENTER WHITE HOUSE ADMINS, et
al.,
Defendants.
Case No. 3:23-cv-000014-JMK
ORDER OF DISMISSAL FOR DEFICIENT FILING
On January 13, 2023, Lee Roy J. Stansberry, a self-represented prisoner,
filed a Complaint for a Civil Case against “Enter White House Admins,” et al.1
The Court sent a Notice of Electronic Filing (“NEF”) confirming receipt of the filing
to Mr. Stansberry, which was returned as undeliverable.2 	The notation on the
returned envelope indicates Mr. Stansberry refused to accept the mail.3
In order to properly commence a civil action, a litigant either must 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 (Returned/Undeliverable Mail 01/30/2023).
3 Id.
4 Local Civil Rule 3.1(c).
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Case Nos. 3:23-cv-000014-JMK, Stansberry v. Enter White House Admins, et al.
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
multiple cases with this Court that also have not included the filing fee or an
application to waive prepayment of the filing fee.7 The Court has received multiple
returned Notices and Orders as refused, undeliverable mail.8 	Therefore, in the
interests of judicial economy, the Court must dismiss this case without leave to
amend, but without prejudice should Mr. Stansberry seek to properly file a new
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 	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 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 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 	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 (Returned/Undeliverable Mail 11/30/2022); 	Docket 3 (Dismissal for Deficient Filing
12/15/2022), Docket 5 (Returned/Undeliverable Mail 01/03/2023); Stansberry v. Entry Federal
Supreme Court, Case No. 3:22-cv-278-JMK, Docket 2 (Returned/Undeliverable Mail 12/28/2022),
Docket 3 (Dismissal for Deficient Filing 01/03/2023), Docket 5 (Returned/Undeliverable Mail
01/17/2023).
8 Id.
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Case Nos. 3:23-cv-000014-JMK, Stansberry v. Enter White House Admins, et al.
Order of Dismissal for Deficient Filing
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complaint and pay the filing fee or file the application to waive prepayment for the
complaint.
In light of the foregoing, IT IS ORDERED that this action is DISMISSED
without prejudice. 	The Clerk of Court is directed to enter a final judgment
accordingly.
DATED this 13th day of February, 2023, at Anchorage, Alaska.
/s/ Joshua M. Kindred
JOSHUA M. KINDRED
UNITED STATES DISTRICT JUDGE
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