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Carter v. Randolph County

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


October 20, 2008

KEVEN CARTER, INMATE #R-25659, PLAINTIFF,
v.
RANDOLPH COUNTY, ET AL., DEFENDANTS.

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

AMENDED MEMORANDUM AND ORDER*fn1

Plaintiff, a prisoner in the Menard Correctional Center, has filed a pro se civil rights complaint pursuant to 42 U.S.C. § 1983. He also seeks to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 (Doc. 2).

A prisoner may not bring a civil action or appeal a civil judgment under 28 U.S.C. § 1915 "if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury." 28 U.S.C. § 1915(g). Section 1915(g) requires that this Court consider prisoner actions dismissed prior to, as well as after, the PLRA's enactment. See Evans v. I.D.O.C., 150 F.3d 810, 811 (7th Cir. 1998); Abdul-Wadood v. Nathan, 91 F.3d 1023 (7th Cir. 1996).

Plaintiff 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.,Carter v. IDOC, Case No. 06-cv-712-GPM (S.D. Ill., action dismissed pursuant to 28 U.S.C. § 1915A, Feb. 1, 2008); Carter v. People of State of Illinois, Case No. 05-4231 (N.D. Ill., action dismissed pursuant to 28 U.S.C. § 1915A, Aug. 11, 2005); Carter v. Wagner, Case No. 02-cv-50429 (N.D. Ill., case dismissed pursuant to 28 U.S.C. § 1915A, Jan. 21, 2003). Further, the allegations in the instant complaint -- the handling of his pleadings in Randolph County Court -- do not show that Plaintiff is under imminent danger of serious physical injury.

IT IS THEREFORE ORDERED that the motion for leave to proceed in forma pauperis is 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).

IT IS SO ORDERED.

MICHAEL J. REAGAN United States District Judge


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