Stansberry v. Enter U.S Attorney General Merrick G.

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-00213-JMK
Case No. 3:22-cv-00215-JMK
Case No. 3:22-cv-00216-JMK
ORDER OF DISMISSAL FOR DEFICIENT FILINGS
On August 23, 2022, September 19, 2022, and September 30, 2022,
Lee Roy J. Stansberry, a self-represented prisoner (“Plaintiff”), filed civil complaints
against the State of Alaska, et al. 	In each case, the Court sent a Notice of
Electronic Filing (“NEF”) confirming receipt of the filing to Mr. Stansberry, which
was returned as undeliverable.1 	Notations on the returned envelopes indicate
Mr. Stansberry refused to accept the mail.2
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.3
1 Stansberry v. Entry Permanent Dividend Appeal Director, Case No. 3:22-cv-00215-JMK,
Docket 2 (Returned/Undeliverable Mail 10/14/2022); Stansberry v. Entry State of Alaska Public
Officials Representative, Case No. 3:22-cv-00213-JMK, Docket 2 (Returned/Undeliverable Mail
10/14/2022); Stansberry v. Enter U.S. Attorney General Merrick G., Case No. 3:22-cv-0216-JMK,
Docket 2 (Returned/Undeliverable Mail 10/14/2022).
2 Id.
3 Local Civil Rule 3.1(c).
Case 3:22-cv-00216-JMK Document 5 Filed 02/02/23 Page 1 of 3

Case Nos. 3:22-cv-213-JMK, 3:22-cv-215-JMK, 3:22-cv-216-JMK, Stansberry v. Entry et al.
Order of Dismissal for Deficient Filing
Page 2 of 3
Prisoner litigants requesting to waive prepayment of the filing fee must include a
statement from their prison trust account for the past six months.4 Mr. Stansberry
has not paid the filing fee or filed the application to waive prepayment of the fee.
Accordingly, these civil actions are deficient. 	In all three cases included in this
Order of Dismissal, the Court previously provided a Notice of Deficient filing and
provided 30 days for Mr. Stansberry to pay the filing fee or file an application to
waive payment.5 	To date, Mr. Stansberry has not paid the fee or filed an
application to waive payment.
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
4 Local Civil Rule 3.1(c)(3).
5 Dockets 3, Case Nos. 3:22-cv-00213-JMK, 3:22-cv-00215-JMK, 3:22-cv-00216-JMK.
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),
Case 3:22-cv-00216-JMK Document 5 Filed 02/02/23 Page 2 of 3

Case Nos. 3:22-cv-213-JMK, 3:22-cv-215-JMK, 3:22-cv-216-JMK, Stansberry v. Entry et al.
Order of Dismissal for Deficient Filing
Page 3 of 3
returned Notices and Orders as refused, undeliverable mail.8 	Therefore, in the
interests of judicial economy, the Court has consolidated the three cases before
Judge Joshua M. Kindred. 	The Court must dismiss these cases without leave to
amend, but without prejudice should Mr. Stansberry seek to properly file new
complaints and pay the filing fee or file the application to waive prepayment for
each new complaint.
In light of the foregoing, IT IS ORDERED that these actions are
DISMISSED without prejudice. 	The Clerk of Court is directed to enter a final
judgment in each case (3:22-cv-00213-JMK, 3:22-cv-00215-JMK, and 3:22-cv-
00216-JMK) accordingly.
DATED this 2nd day of February 2023, at Anchorage, Alaska.
/s/ Joshua M. Kindred
JOSHUA M. KINDRED
UNITED STATES DISTRICT JUDGE
Docket 3 (Dismissal for Deficient Filing 01/03/2023), Docket 5 (Returned/Undeliverable Mail
01/17/2023).
8 Id.
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