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White v. Walker

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


November 14, 2008

DONNIE D. WHITE, PLAINTIFF,
v.
ROGER E. WALKER, JR., ET AL., DEFENDANTS.

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

MEMORANDUM AND ORDER

The Court denied Plaintiff's motion to proceed in forma pauperis in this action, finding that he had accumulated three or more strikes (see Doc. 7). Now before the Court is Plaintiff's motion challenging that decision (Doc. 12). In his motion, he argues that the Court should not count as a strike those cases in which only some of his claims were dismissed for failure to state a claim. However, the Seventh Circuit disagrees, as the Court explained in that earlier order. See George v. Smith, 507 F.3d 605, 607-08 (7th Cir. 2007); Boriboune v. Berge, 391 F.3d 852, 855 (7th Cir. 2004). Accordingly, the instant motion is DENIED. As previously granted, Plaintiff is reminded that he has through and including January 10, 2009, to pay the full $350 filing fee for this action.

Also before the Court is Plaintiff's motion for directions instanter (Doc. 11), which seems to seek additional time to file his amended complaint. That amended complaint was filed on October 30, 2008; therefore, this motion is MOOT.

IT IS SO ORDERED.

G. PATRICK MURPHY United States District Judge

20081114

© 1992-2008 VersusLaw Inc.



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