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Johnson v. Collins

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


July 19, 2006

LENNIL L. JOHNSON, JR., INMATE #N58064, PLAINTIFF,
v.
T.J. COLLINS, DR. C. AMPADU, AND JENNIFER LITTLE, DEFENDANTS.

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

MEMORANDUM AND ORDER

Plaintiff, an inmate in the Lawrence Correctional Center, brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. Plaintiff previously was granted leave to proceed in forma pauperis, and he has tendered his initial partial filing fee as ordered.

However, it has now come to the Court's attention that Plaintiff Lennil L. Johnson, Jr., has, contrary to his signed and sworn statements in his complaint, "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, unless the prisoner is under imminent danger of serious physical injury." 28 U.S.C. § 1915(g).*fn1 Section 1915(g) requires that this Court consider prisoner actions dismissed prior to, as well as after, the PLRA's enactment. See Evans v. I.D.O.C., 150 F.3d 810, 811 (7th Cir. 1998); Abdul-Wadood v. Nathan, 91 F.3d 1023 (7th Cir. 1996).

On page 2 of the complaint, the form asks:

Have you ever filed any other lawsuits in state or federal court relating to your imprisonment?

Plaintiff checked yes, and listed two federal cases filed in this district.*fn2 He also attached to the complaint a print out from the Court's own electronic case filing system, indicating only the two cases Plaintiff listed. However, Plaintiff has filed ten other cases in this district.*fn3 Furthermore, on the application to proceed in forma pauperis (Doc. 2), Plaintiff again listed only the two cases. Plaintiff's representations that he had filed only two cases previously are blatantly false.

The in forma pauperis motion form warns that "[f]ailure to provide complete, accurate information about all your prior litigation may result in denial of your request to proceed in forma pauperis," and the Court finds that an experienced litigator such as Mr. Johnson is well aware of how to properly complete this form.

IT IS THEREFORE ORDERED that Plaintiff's in forma pauperis status is REVOKED. IT IS FURTHER ORDERED that within FIFTEEN (15) DAYS of the date of entry of this order, Plaintiff shall pay the full $250 filing fee for this action.

IT IS FURTHER ORDERED that if Plaintiff does not pay the full $250 filing fee within this 15-day period, this action 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).

Plaintiff is further advised that Fed. R. Civ. P. 11(c) authorizes the Court to impose sanctions against parties who make misrepresentations to the Court on signed pleadings or documents. ADDITIONAL FRAUDULENT STATEMENTS OR ACTS BY THIS PLAINTIFF AGAINST THIS COURT WILL NOT BE TOLERATED AND WILL BE MET WITH STRONG ACTION BY THE COURT.

IT IS SO ORDERED.

David R. Herndon DISTRICT JUDGE


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