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Cooper v. Valdez

United States District Court, Seventh Circuit

May 30, 2013

ANDY L. COOPER, #C63527, Plaintiff,
v.
ERIC RUSSELL, RONALD K. ATCHISON, and RANDY S. VALDEZ, Defendants.

MEMORANDUM AND ORDER

MICHAEL J. REAGAN, District Judge.

Plaintiff Andy L. Cooper, an inmate in Big Muddy River Correctional Center, brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. Plaintiff is a civilly committed sexually dangerous person serving an indefinite sentence.

By Order dated April 1, 2013 (Doc. 5), Cooper's complaint was dismissed without prejudice because he had "struck out" under 28 U.S.C. § 1915(g)-the complaint did not suggest he was in imminent danger of serious physical danger, he had not paid the $350.00 filing fee, and the muddled complaint failed to state a colorable constitutional claim ( see 28 U.S.C. § 1915A). The Court also denied Plaintiff's motion for recruitment of counsel. Plaintiff was allotted 30 days to both pay the full filing fee and file a cognizable amended complaint. Instructive materials and a form complaint were sent to Plaintiff Cooper in hope that he would heed the Court's guidance, and be able to state a plausible claim, as opposed to the rambling diatribe that dominated the original complaint.

On April 25, 2013, Plaintiff filed his "Amended Complaint Added To" [sic] (Doc. 6). The required $350.00 filing fee has not been paid.

ANALYSIS

The Amended Complaint/Notice of Appeal

The amended complaint contains a section captioned "Amended Complaint-Appeal" (Doc. 6, p. 6). Plaintiff asserts the undersigned district judge "is in conflict of Interest, Conspiracy, and in error" [sic]; and "§ 1915 is not a legitimate grounds to excuse the lies[, ] gang activities, evils, and corruption, to include [Defendants'] plagiarist and deceptive practices" [sic] (Doc. 6, p. 6). In essence, Plaintiff appears to disagree with the dismissal of the original complaint and failure to appoint counsel. That same section states:

12. To the best of my ability this is a "First Amended Complaint."
13. Requesting EXTENSION OF TIME AND CANNOT PAY FILING FEE.

(Doc. 6, p. 6). Under a separate heading of sorts, thirty-three additional numbered sentences and/or paragraphs follow, some of which mimic claims the Court discerned in the original complaint and dismissed.

The Clerk of Court shall be directed to have the record reflect that Doc. 6 contains an amended complaint, notice of appeal and motion for extension of time to pay the filing fee.

The District Court Filing Fee

The Court forewarned Plaintiff that failure to pay the fee by the prescribed deadline, would likely result in Plaintiff being barred from filing any new papers in this Court until such time as the full filing fee for this action has been paid. See Ammons v. Gerlinger, 547 F.3d 724, 726 (7th Cir. 2008) ( citing Newlin v. Helman, 123 F.3d 429, 436-37 (7th Cir. 1997)); United States ex rel. Ferdone v. Circuit Ct. for Taylor County, 73 F.3d 669, 674-75 (7th Cir. 1995); Support Sys. Int'l, Inc. v. Mack, 45 F.3d 185, 186 (7th Cir. 1985). Plaintiff was further warned that failure to timely pay the full filing fee would likely result in the Court ordering the prison to make deductions from Plaintiff's prison trust fund account, pursuant to Newlin v. Helman, 123 F.3d 429, 434 (7th Cir. 1997).

Insofar as Plaintiff may be requesting an extension of time to pay the district court filing fee, his motion shall be denied. He has not provided any new information suggesting he is in imminent danger of physical harm. The Prison Litigation reform Act of ...


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