United States District Court, S.D. Illinois
October 2, 2005.
DUNCAN J. McNEIL, Plaintiff,
UNITED STATES OF AMERICA, et al., Defendants.
The opinion of the court was delivered by: DAVID HERNDON, District Judge
MEMORANDUM AND ORDER
On September 8, 2005, the Court issued an order denying
Plaintiff's request for leave to proceed in forma pauperis
because Plaintiff had, "on three or more 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 is frivolous, malicious, or fails to state a
claim upon which relief may be granted," see
28 U.S.C. § 1915(g), and ordering Plaintiff to pay the full filing fee of
$250.00 or have the case dismissed (Doc. 9).
Plaintiff has responded to the Court's order by a motion "to
modify, alter, or amend findings and order pursuant to FRCP 52,
59, and 60 and for relief from order entered 9/7/05," in which he
claims that he is under "imminent danger of serious physical
injury" and should not be required to pre-pay the full filing fee
in the action because his custodians in the Spokane, Washington,
county jail are deliberately indifferent to his serious medical
needs (Doc. 10).
In both Plaintiff's original and amended complaint Plaintiff
seeks enforcement of a "foreign judgment." Plaintiff may not
proceed under the "imminent danger" exception to 28 U.S.C. § 1915(g) by claiming imminent danger from circumstances wholly
unrelated to the claims enumerated in his complaint.
Accordingly, IT IS HEREBY ORDERED that Plaintiff's motion
(Doc. 10) is DENIED.
IT IS FURTHER ORDERED that Plaintiff shall pay the full
filing fee of $250 for this action within FIFTEEN (15) DAYS of
the entry of this Order.
IT IS FURTHER ORDERED that if Plaintiff does not comply with
this Order in the time allotted, this case will be closed for
failure to comply with an order of this Court. FED.R.CIV.P.
41(b); see generally Ladien v. Astrachan, 128 F.3d 1051
(7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th
IT IS SO ORDERED.
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