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Bennett v. Blagojevich

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


September 4, 2007

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

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

MEMORANDUM AND ORDER

The Court revoked Plaintiff's pauper status (Doc. 17), finding that he is barred from proceeding in forma pauperis. See 28 U.S.C. § 1915A. Now before the Court is Plaintiff's motion challenging that finding; he claims that he is, in fact, in imminent danger of serious physical harm.

The Court disagrees.

The complaint begins with a lengthy discourse of Plaintiff's life history, both prior to and after his incarceration. The basis of this action appears to be Plaintiff's belief that his inmate file contains inaccurate information regarding his various convictions. Apparently this information has had a negative impact on his ability to obtain desirable jobs within the prison. Without a prison job, he has minimal funds, and he sometimes does not have sufficient hygiene materials. He also has been subjected to disciplinary proceedings that he believes were unjustified. None of these claims suggests that Plaintiff was in imminent danger of serious physical harm at the time his filed this action.

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.

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

20070904

© 1992-2007 VersusLaw Inc.



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