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Fasullo v. People of the United States

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


December 13, 2007

LOUIS FASULLO, PLAINTIFF,
v.
PEOPLE OF THE UNITED STATES, DEFENDANT.

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

MEMORANDUM AND ORDER

REAGAN, District Judge:

Before the Court is Plaintiff's motion for extension of time to file and to set aside judgment (Doc. 9); his motion for hearing and to appoint counsel (Docs. 11 and 13); and his motion for summary judgment (Doc. 12).

By prior Order, this Court dismissed the instant complaint, because Plaintiff failed to pay the full $350 filing fee as directed by the Court. See (Docs. 7 and 8). Plaintiff did not seek leave to proceed in forma pauperis or file an appropriate application to proceed in forma pauperis. In any event, Plaintiff is unable to proceed in forma pauperis because has had three or more 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.,Fasullo v. People of the United States, Case No. 06-835-MJR (S.D. Illinois, dismissed as frivolous March 26, 2007); Fasullo v. Burns, Case No. 06-836-GPM (S.D. Illinois, dismissed for failure to state a claim April 20, 2007); Fasullo v. Fasullo, Case No. 07-100-MJR (S.D. Illinois, dismissed as frivolous February 14, 2007); and Fasullo v. People of the United States, Case No. 07-116-MJR (S.D. Illinois, dismissed as frivolous March 26, 2007). The allegations in the instant complaint do not show that Plaintiff is under imminent danger of serious physical injury. See 28 U.S.C. § 1915(g).

Based on the foregoing, Plaintiff's motion for an extension of time and to set aside judgment (Doc. 9) is DENIED; his motion for hearing and to appoint counsel (Docs. 11 and 13) are DENIED; and his motion for summary judgment (Doc. 12) is DENIED.

IT IS SO ORDERED.

20071213

© 1992-2007 VersusLaw Inc.



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