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Zolliecoffer'el v. Walker

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


August 29, 2007

JAMES W.E. ZOLLIECOFFER'EL, PLAINTIFF,
v.
ROGER E. WALKER, JR., ET AL., DEFENDANTS.

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

MEMORANDUM AND ORDER

Currently pending before the Court is Plaintiff's second motion to reconsider the order denying his motion for leave to proceed in forma pauperis in the action because he has accumulated three "strikes" pursuant to 28 U.S.C. § 1915(g). In this motion, Plaintiff argues that the three-strikes provision is unconstitutional, and that the Court should not apply it against him. Plaintiff is incorrect.

The Seventh Circuit has held constitutional the three strikes provision of 28 U.S.C. § 1915(g). See Lewis v. Sullivan, 279 F.3d 526, 528-29 (7th Cir. 2002). A prisoner who has in the past filed three or more actions that were dismissed as frivolous, malicious, or for failure to state a claim, is not precluded from filing suit in federal court. He is precluded only from proceeding in those cases without prepayment of the filing fee. He may still file as many suits as he wishes, provided he pays the filing fee for each action in advance. See Carson v. Johnson, 112 F.3d 818, 821 (5th Cir. 1997). Furthermore, it is well-settled that the filing fees themselves pass constitutional muster. See Lewis, 279 F.3d at 528-29.

Accordingly, the motion for reconsideration (Doc. 19) is DENIED. Plaintiff shall pay the full filing fee of $350 for this action within FIFTEEN (15) DAYS of the entry of this Order. 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.

DavidRHerndon DISTRICT JUDGE

20070829

© 1992-2007 VersusLaw Inc.



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