UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

_____________________________________________________________________

FRED D. REEVES, JR.,

Plaintiff,

v. Case No. 08-13776

CORRECTIONAL MEDICAL SERVICES,

Defendant.

___________________________________/

ORDER DIRECTING PLAINTIFF TO PREPAY THE FILING FEE

Plaintiff Fred D. Reeves, Jr., is a state prisoner at Standish Maximum

Correctional Facility in Standish, Michigan. He has filed a pro se civil rights complaint 

against Correctional Medical Services (CMS) of East Lansing, Michigan. The complaint

alleges that Plaintiff suffers from severe pain in his lower back and both numbness and

sharp pain in his legs due to an injury incurred several years ago when prison guards

assaulted him. Plaintiff claims that CMS refuses to pay for a magnetic resonance

imaging (MRI) examination, which doctors have requested. (Petr.’s Mot. at 4a.) He

seeks an MRI examination and money damages in the amount of three million dollars. 

Plaintiff has applied for leave to proceed without prepayment of the filing fee for

this action even though three of his prior complaints have been dismissed as frivolous

or for failure to state a claim. See Reeves v. Gilman, et al., No. 1:05-cv-17, at 3 (W.D.

Mich. Feb. 23, 2005) (memorandum opinion directing Plaintiff to pay the entire filing fee

because the court previously dismissed three of Plaintiff’s lawsuits for failure to state a

claim). Plaintiff seeks permission to proceed without prepayment of the filing fee under
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the exception for prisoners in “imminent danger of serious physical injury.” 28 U.S.C. §

1915(g). 

The facts as alleged in the complaint indicate that Plaintiff is in pain, not in

imminent danger of serious physical injury. (Petr.’s Mot. at 4a.) His condition has not

been ignored, and he is being treated with Motrin and Tylenol. (Id.) Although he

alleges that rest and the medications provided to him do not relieve the pain, he does

not claim to have a serious illness, disease, or infection. (Petr.’s Mot. at 4b.)

The court concludes that Plaintiff has not met the threshold for “imminent danger

of serious physical injury.” See, e.g., Joyner v. Fish, No. 7:08-cv-00359 (W.D. Va. July

3, 2008) (unpublished decision concluding that the plaintiff failed to demonstrate any

imminent danger of serious physical harm where he complained of inadequate medical

treatment for back pain and sought an MRI examination and prescription medication

rather than x-rays and nonprescription medication); Twitty v. U.S. Attorney GeneralActing, No. 08-cv-00549 (D. Colo. May 28, 2008) (unpublished decision denying leave

to proceed without prepayment of the filing fee where the plaintiff alleged pain in his

groin for over three years due to a hernia operation and an alleged assault); Butler v.

Baker, No. 9:06-cv-0893 (N.D.N.Y. Feb. 7, 2008) (concluding that the plaintiff did not

indicate an imminent danger of serious physical injury where he complained of

continued pain from a wrist injury and alleged only that the injury was inadequately

treated); Davis v. Kakani, No. 06-13704 (E.D. Mich. July 31, 2007) (unpublished

decision adopting the Magistrate Judge’s conclusion that Plaintiff had failed to show his

back pain presented imminent danger of serious physical injury where the plaintiff was

receiving pain medication and had undergone surgery and physical therapy). 
S:\Cleland\JUDGE'S DESK\C2 ORDERS\08-13776.REEVES.OrderDirectingProSeCivilRightsComplainanttopayFilingFee.wpd

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Accordingly, 

IT IS ORDERED THAT Plaintiff PREPAY the filing fee of $350.00 within twentyeight (28) days of the date of this order. Failure to do so may result in the dismissal of

this action. 

s/Robert H. Cleland 

ROBERT H. CLELAND

UNITED STATES DISTRICT JUDGE

Dated: October 20, 2008

I hereby certify that a copy of the foregoing document was mailed to counsel of record

on this date, October 20, 2008, by electronic and/or ordinary mail.

s/Lisa G. Wagner 

Case Manager and Deputy Clerk

(313) 234-5522