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Jones v. Chandra

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


June 18, 2007

GERALD JONES, INMATE #B-13486, PLAINTIFF,
v.
RAKESH CHANDRA, ET AL., DEFENDANTS.

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

MEMORANDUM AND ORDER

The Court previously granted Plaintiff's motion for leave to proceed in forma pauperis on appeal pursuant to 28 U.S.C. § 1915 (see Docs. 183, 188). It has since come to the Court's attention that Plaintiff has had at least three prior prisoner actions or appeals dismissed on the grounds that they were frivolous, malicious, or failed to state a claim upon which relief may be granted. 28 U.S.C. § 1915(g).*fn1 Because Plaintiff has had three or more prior dismissals and is not under imminent danger of serious physical injury, his request to proceed in forma pauperis on appeal is DENIED.

Accordingly, the order granting that motion (Doc. 188) is VACATED and HELD FOR NAUGHT. The motion for leave to proceed in forma pauperis on appeal (Doc. 183) is DENIED. Plaintiff shall tender the appellate filing and docketing fee of $455 to the Clerk of Court in this District within FIFTEEN (15) DAYS of the date of entry of this Order, or he may reapply to the Seventh Circuit Court of Appeals for leave to proceed in forma pauperis on appeal.

IT IS SO ORDERED.

J. Phil Gilbert U. S. District Judge


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