Stansberry v. Entry U.S. District Court Magistrate Judge John D. Roberts

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
LEE ROY J. STANSBERRY,
Plaintiff,
v.
ENTRY State of Alaska, et al.,
Defendants.
Case No. 3:22-cv-00281-SLG
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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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 has recently filed six
other cases with this Court that have also not included the filing fee or an
application to waive prepayment of the filing fee.7 Further, the orders notifying Mr.
Stansberry the filings were deficient have also all been returned to the Court as
refused, undeliverable mail. 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 complaint and pay the filing fee or file the
application to waive prepayment.
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.”
Black’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); Stansberry v. Entry Federal Supreme Court, Case No. 3:22-cv-278-JMK, Docket 2
(NEF Returned/Undeliverable 12/28/2022).
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Case No. 3:22-cv-00281-SLG, Stansberry v. Entry State of Alaska, et al.
Order of Dismissal for Deficient Filing
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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 3rd day of January, 2023, at Anchorage, Alaska.
/s/ Sharon L. Gleason
UNITED STATES DISTRICT JUDGE
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