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Gay v. Chandra

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


February 28, 2006

ANTHONY GAY, INMATE #B62251, PLAINTIFF,
v.
DR. CHANDRA, DEFENDANTS.

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

ORDER

Plaintiff, a prisoner in the Tamms Correctional Center, has filed a pro se civil rights complaint pursuant to 42 U.S.C. § 1983. He was granted leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 on March 9, 2005 (Doc. 5), and has paid his initial partial filing fee.

A prisoner may not bring a civil action or appeal a civil judgment under 28 U.S.C. § 1915 "if the prisoner has, on 3 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 is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury." 28 U.S.C. § 1915(g).

It has now come to the Court's attention that Plaintiff has had three or more prior prisoner actions dismissed on the grounds that they were frivolous, malicious, or failed to state a claim upon which relief may be granted. See, e.g., Gay v. Powers, Case No. 98-772-GPM (S.D. Illinois, filed October 26, 1998) (dismissed September 27, 2001, as frivolous and for failing to state a claim); Gay v. Page, Case No. 99-365-MJR (S.D. Illinois, filed May 26, 1999) (dismissed January 25, 2002, for failing to state a claim); Gay v. Montgomery, Case No. 99-366-GPM (S.D. Illinois, filed May 26, 1999) (dismissed January 10, 2000, as frivolous); Gay v. Welbourne, Case No. 00-029-GPM (S.D. Illinois, filed January 5, 2000) (dismissed November 17, 2000, as frivolous).

In accordance with 28 U.S.C. § 1915(g) Plaintiff must now pay the outstanding balance due of the filing fee of $250.00, or show how he is in imminent danger of serious physical injury. Court records indicate that Plaintiff has paid $47.00. Accordingly, he still owes $203.00.

IT IS THEREFORE ORDERED that Plaintiff shall pay the full balance due in this action, $203.00, within FIFTEEN (15) DAYS of the entry of this Order, or show cause why he should be allowed to continue to proceed in forma pauperis.

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.

MICHAEL J. REAGAN United States District Judge

20060228

© 1992-2006 VersusLaw Inc.



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