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Evans v. Illinois Dep't of Corrections

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


December 6, 2005

WILLIAM EVANS, INMATE #B08677, PLAINTIFF,
v.
ILLINOIS DEPARTMENT OF CORRECTIONS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Foreman, District Judge

MEMORANDUM AND ORDER

On November 22, 2005, the Court denied Plaintiff's motion to proceed in forma pauperis and ordered him to pay the full $250 filing fee required in this action because Plaintiff had on three or more prior occasions, while incarcerated or detained, brought an action in a court of the United States that was dismissed on the grounds that it was frivolous, malicious, or failed to state a claim up which relief may be granted (Doc. 4).

Plaintiff has filed objections to the Court's order (Doc. 5). Plaintiff argues that 28 U.S.C. § 1915(g) is unconstitutional, and specifically in violation of the Fourteenth Amendment. This argument is unavailing. See Higgins v. Carpenter, 258 F.3d 797, 801 (8th Cir. 2001) (holding § 1915(g) is rationally related to a legitimate government interest and therefore does not violate equal protection).

Accordingly, IT IS 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 Cir. 1994).

IT IS SO ORDERED.

James L. Foreman DISTRICT JUDGE

20051206

© 1992-2005 VersusLaw Inc.



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