Opinion
CAUSE NO. 3:20-CV-476-DRL-MGG
06-15-2020
CHARLES SCOTT, Plaintiff, v. LAPORTE COUNTY COMMUNITY CORRECTIONS, BROWN, and ATWATER, Defendants.
OPINION & ORDER
Charles Scott, a prisoner without a lawyer, filed this case. He didn't pay the filing fee, and he is barred from proceeding in forma pauperis "unless [he] is under imminent danger of serious physical injury." 28 U.S.C. § 1915(g). Mr. Scott is subject to this restriction because he has, "on three or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it [was] frivolous, malicious, or fails to state a claim upon which relief may be granted." Id. This is commonly known as the "three strikes" provision. Mr. Scott has 3 strikes:
(1) Scott v. State of Indiana, 3:19-CV-957 (N.D. Ind. filed October 28, 2019), dismissed November 5, 2019, pursuant to 28 U.S.C. § 1915A because the State of Indiana was immune from suit and the complaint did not state a claim for which relief could be granted against the other defendants;
(2) Scott v. LaPorte County Community Corrections, 3:19-CV-054 (N.D. Ind. filed January 13, 2020), dismissed March 4, 2020, pursuant to 28 U.S.C. § 1915A for failure to state a claim; and
(3) Scott v. LaPorte County Jail, 3:19-CV-798 (N.D. Ind. filed September 20, 2019), dismissed March 4, 2020, pursuant to 28 U.S.C. § 1915A for failure to state a claim.
An inmate who has struck out "can use the partial prepayment option in §1915(b) only if in the future he 'is under imminent danger of serious physical injury.'" Abdul-Wadood v. Nathan, 91 F.3d 1023, 1025 (7th Cir. 1996) (quoting 28 U.S.C. § 1915(g)). To meet the imminent danger standard, the threat complained of must be real and proximate. Ciarpaglini v. Saini, 352 F.3d 328, 330 (7th Cir. 2003). Only "genuine emergencies" qualify as a basis for circumventing § 1915(g). Lewis v. Sullivan, 279 F.3d 526, 531 (7th Cir. 2002).
Here, the complaint vaguely describes two past events: one that occurred on April 23, 2020, and another on May 5, 2020. Nothing in the complaint alleges that he faces a genuine emergency or that he is in imminent danger of serious physical injury. Therefore, he may not proceed in forma pauperis. He must pay the full filing fee before he can proceed with this lawsuit.
For these reasons, the court GRANTS Charles Scott until July 8 , 2020 to pay the $400 filing fee; and CAUTIONS him if he does not respond by the deadline, this case will be dismissed without further notice for non-payment of the filing fee.
SO ORDERED.
June 15, 2020
s/ Damon R . Leichty
Judge, United States District Court