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Bennett v. Blagojevich

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


August 13, 2007

ALLEN BENNETT, INMATE #A-81422, PLAINTIFF,
v.
ROD BLAGOJEVICH, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Michael J. Reagan United States District Judge

MEMORANDUM AND ORDER

REAGAN, District Judge

The Court previously granted Plaintiff's motions for leave to proceed in forma pauperis. It has since come to the Court's attention that Plaintiff has had at least three 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., Bennett v. McDonnell, Case No. 91 C 5565 (N.D. Ill., dismissed Sept. 25, 1991); Bennett v. Welborn, Case No. 91 C 00376 (S.D. Ill., dismissed Jan. 9, 1992); Bennett v. Troka, Case No. 01 C 8843 (N.D. Ill, dismissed Jan 14, 2002); Bennett v. Pernecke, Case No. 03 C 5071 (N.D. Ill., dismissed Nov. 24, 2003). Further, the allegations in the instant complaint do not show that Plaintiff is under imminent danger of serious physical injury. Thus, he is barred from proceeding in forma pauperis. See 28 U.S.C. § 1915A.

IT IS THEREFORE ORDERED that the portion of the order granting the in forma pauperis motion (Doc. 8) is VACATED and HELD FOR NAUGHT.

IT IS FURTHER ORDERED that the motions for leave to proceed in forma pauperis (Doc. 3, 4) are DENIED.

IT IS FURTHER ORDERED that Plaintiff shall pay the full filing fee of $350 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).

The Clerk is DIRECTED to mail a copy of this Memorandum and Order to Plaintiff and to the Trust Fund Officer at the Menard Correctional Center upon entry of this Memorandum and Order.

IT IS SO ORDERED.

20070813

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