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Azania v. McBride

United States District Court, N.D. Indiana, South Bend Division
Jun 14, 2005
Cause No. 3:05-CV-296 RM (N.D. Ind. Jun. 14, 2005)

Opinion

Cause No. 3:05-CV-296 RM.

June 14, 2005


OPINION AND ORDER


Zolo Agona Azania, a pro se prisoner, filed a second motion seeking to enlarge the time to pay the $250.00 filing fee in this case. Mr. Azania says he needs 30 more days to lobby his family and friends in the hope that they will give him money to pay the filing fee. He does not explain what efforts, if any, he has made during the past month since he mailed this case to the courthouse. Though Mr. Azania has hope that he can obtain these funds; his hope, without any indication of effort for the past month, is insufficient to justify enlarging the deadline for paying the filing fee. Mr. Azania states that he was relocated during this month, but relocation alone did not prevent him from attempting to contact those whom he now hopes will pay his filing fee.

Mr. Azania states that he believed that the court would hear his complaint and, by inference, grant his in forma pauperis petition. This statement is not credible. The court of appeals informed Mr. Azania that, "he will be barred from filing future actions without paying the full costs of suit unless he is under imminent danger of serious physical injury." Azania v. Parke, No. 96-4198 (7th Cir. Nov. 25, 1998) (quotation marks omitted). As previously explained, Mr. Azania's complaint for monetary damage does not allege, and its factual allegations do not support, a claim that he is in imminent danger of serious physical injury. Mr. Azania's repeated abuse of the litigation process has resulted in his being unable to proceed in forma pauperis and unable to defer these payments.

This motion (docket # 6) does not present good cause for enlarging the time for paying the filing fee and it is DENIED.

SO ORDERED.


Summaries of

Azania v. McBride

United States District Court, N.D. Indiana, South Bend Division
Jun 14, 2005
Cause No. 3:05-CV-296 RM (N.D. Ind. Jun. 14, 2005)
Case details for

Azania v. McBride

Case Details

Full title:ZOLO AGONA AZANIA, Plaintiff v. DANIEL R. McBRIDE, et al., Defendants

Court:United States District Court, N.D. Indiana, South Bend Division

Date published: Jun 14, 2005

Citations

Cause No. 3:05-CV-296 RM (N.D. Ind. Jun. 14, 2005)