UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

JEFFREY R. LEBLANC, 

 Plaintiff, 

 CASE NO. 2:15-cv-12377 

v. HONORABLE SEAN F. COX 

ELIZABETH M. RIVARD, 

 Defendant. 

____________________________/

OPINION AND ORDER 

DENYING PLAINTIFF’S APPLICATION TO PROCEED 

WITHOUT PREPAYMENT OF FEES AND COSTS (docket no. 2) 

AND DISMISSING THE COMPLAINT (docket no. 1) 

WITHOUT PREJUDICE PURSUANT TO 28 U.S.C. § 1915(g)

I. Introduction

 This matter has come before the Court on plaintiff Jeffrey R. LeBlanc’s pro

se civil rights complaint under 42 U.S.C. § 1983 and Plaintiff’s application to proceed 

without prepayment of the fees and costs for this action. Plaintiff is a state prisoner at 

Macomb Regional Correctional Facility in New Haven, Michigan. Defendant Elizabeth 

M. Rivard is an assistant attorney general for the State of Michigan with an office in 

Lansing, Michigan.

 The complaint alleges that, on April 23, 2015, Ms. Rivard filed a response in a 

habeas corpus case after Ms. Laura Moody filed an appearance in the case. Plaintiff 

claims that Ms. Rivard failed to file either an appearance or a notice of substitution of 

counsel in the habeas case and, therefore, the Court did not have jurisdiction. Plaintiff 

seeks $250,000.00 in damages for Ms. Rivard’s alleged malpractice and negligence.

2:15-cv-12377-SFC-MJH Doc # 4 Filed 07/21/15 Pg 1 of 4 Pg ID 11
2

He also seeks to have Ms. Rivard suspended from the practice of law or held in 

contempt of court.

II. Discussion

 As noted above, Plaintiff would like permission to proceed with this action without 

prepayment of the filing fee and other costs. A federal litigant who is too poor to pay 

court fees ordinarily “may commence a civil action without prepaying fees or paying 

certain expenses.” Coleman v. Tollefson, 135 S. Ct. 1759, 1761 (2015) (citing 28 

U.S.C. § 1915). However,

a special “three strikes” provision [of § 1915] prevents a court from 

affording in forma pauperis status where the litigant is a prisoner and he or 

she “has, on 3 or more prior occasions, while incarcerated . . . , brought an 

action or appeal in a court of the United States that was dismissed on the 

grounds that it is frivolous, malicious, or fails to state a claim upon which 

relief may be granted.”

Id. (quoting 28 U.S.C. § 1915(g)). An exception to this rule applies when “the prisoner 

is under imminent danger of serious physical injury.” 28 U.S.C. § 1915(g). “The 

imminent danger exception is essentially a pleading requirement subject to the ordinary 

principles of notice pleading.” Vandiver v. Vasbinder, 416 F. App’x 560, 562 (6th Cir. 

2011). “[T]o allege sufficiently imminent danger, . . . ‘the threat or prison condition must 

be real and proximate and the danger of serious physical injury must exist at the time 

the complaint is filed.’ ” Vandiver v. Prison Health Servs., Inc., 727 F.3d 580, 585 (6th 

Cir. 2013) (quoting Ritter v. Kinder, 290 F. App’x 796, 797 (6th Cir. 2008)). 

 A review of Plaintiff’s litigation history in federal court reveals that more than 

three of his previous cases were dismissed as frivolous or for failure to state a claim.

See LeBlanc v. Schuette, No. 2:15-cv-10555 (E.D. Mich. Feb. 17, 2015); LeBlanc v. 

2:15-cv-12377-SFC-MJH Doc # 4 Filed 07/21/15 Pg 2 of 4 Pg ID 12
3

Moody, No. 2:15-cv-10469 (E.D. Mich. Feb. 18, 2015); LeBlanc v. Kalamazoo County 

Sheriff, No. 1:14-cv-305 (W.D. Mich. July 29, 2014); LeBlanc v. Michigan, No. 1:14-cv552 (W.D. Mich. June 19, 2014); and LeBlanc v. Kalamazoo County Government, No. 

1:14-cv-308 (W.D. Mich. May 21, 2014). In several other cases that were filed and 

closed before Plaintiff signed and dated his complaint in this case on June 25, 2015, 

Plaintiff was denied leave to proceed in forma pauperis because he has three “strikes” 

under 28 U.S.C. § 1915(g). See LeBlanc v. Lightvoet, No. 2:15-cv-12127 (E.D. Mich. 

June 19, 2015); LeBlanc v. Robert G. Cotton Correctional Facility, No. 2:15-cv-12060 

(E.D. Mich. June 12, 2015); LeBlanc v. Jonker, No. 2:15-cv-12059 (E.D. Mich. June 11, 

2015); LeBlanc v. Dep’t of Corr., No. 2:15-cv-12025 (E.D. Mich. June 11, 2015);

LeBlanc v. Barber, No. 2:15-cv-12023 (E.D. Mich. June 12, 2015); LeBlanc v. Arwood,

No. 2:15-cv-12021 (E.D. Mich. June 11, 2015); LeBlanc v. Federal Government, 5:15-

cv-10706 (E.D. Mich. Mar. 19, 2015); and LeBlanc v. Romanowski, No. 2:15-cv-10483 

(E.D. Mich. Mar. 2, 2015).

 As a result of Plaintiff’s prior “strikes,” he may not proceed without prepayment of 

the fees and costs for this action unless he was in “imminent danger of serious physical 

injury” when he filed his complaint. 28 U.S.C. § 1915(g). He has not alleged that he 

was in imminent danger of serious physical injury at the time, and nothing in the 

complaint suggests that he was facing a real and proximate threat of serious physical 

injury when he filed his complaint. Thus, he may not proceed without prepayment of the 

filing fee for this action. 

III. Conclusion and Order

2:15-cv-12377-SFC-MJH Doc # 4 Filed 07/21/15 Pg 3 of 4 Pg ID 13
4

 More than three of Plaintiff’s cases have been dismissed as frivolous or for failure 

to state a claim for which relief may be granted, and Plaintiff does not fall within the 

exception to § 1915(g) for prisoners who are in imminent danger of serious physical 

injury. The Court therefore denies Plaintiff’s application to proceed without prepayment 

of fees and costs (document no. 2) and summarily dismisses his complaint (document 

no. 1) without prejudice pursuant to 28 U.S.C. § 1915(g). The Court also certifies that 

an appeal from this order could not be taken in good faith, 28 U.S.C. § 1915(a)(3), or 

without prepayment of the appellate filing fee, 28 U.S.C. § 1915(g). 

Dated: July 21, 2015 s/ Sean F. Cox 

 Sean F. Cox 

 United States District Judge 

I hereby certify that on July 21, 2015, the document above was served on counsel of 

record via electronic means and upon Jeffrey LeBlanc via First Class Mail at the 

address below: 

JEFFREY LEBLANC 333019

MACOMB CORRECTIONAL FACILITY 

34625 26 MILE ROAD

NEW HAVEN, MI 48048 

 s/ J. McCoy 

 Case Manager 

2:15-cv-12377-SFC-MJH Doc # 4 Filed 07/21/15 Pg 4 of 4 Pg ID 14