United States District Court, S.D. Illinois
DANNEL M. MITCHELL, #R-07374, Plaintiff,
WEXFORD HEALTH CARE SERVICES et al., Defendants.
MEMORANDUM AND ORDER
MICHAEL J. REAGAN U.S. Chief District Judge
February 12, 2018, Plaintiff was ordered to pay the full
filing fee of $400 for this action and the outstanding money
owed for his previously filed and other pending actions in full
no later than March 12, 2018 (Doc. 8). The deadline for
payment has now passed. Plaintiff has made no payment toward
the $400 filing fee he owes in this case or, more broadly,
the $5588.92 total he owes for all of the cases he has filed
in this District, including this one. Plaintiff has also failed to
respond to the Court's requirement that he show cause why
the Court should not restrict him from filing any further
actions in this Court while the fees remain unpaid.
Plaintiff has not paid the outstanding fees he owes the Court
and has failed to show cause why the Court should not
restrict him from filing future documents until his fees are
paid in full, this Court finds it necessary to so restrict
Plaintiff. Clearly, monetary sanctions are not enough to
deter Plaintiff from filing future claims with this Court, as
he has accumulated $5588.92 in fees and has shown little to
no effort to pay the debt. Thus, to simply add to that debt
in an effort to cease Plaintiff's abuse of the Court is
IT IS HEREBY ORDERED that Plaintiff is restricted
from filing any new civil actions in this Court until such
time as his outstanding filing fees of $5588.92 have been
paid in full. This filing restriction does not extend to a
notice of appeal from this Order, to the filing of any
petition for a writ of habeas corpus (which is deemed
summarily dismissed if not otherwise addressed within 30 days
of filing), or to pleadings filed as a defendant in
another criminal or civil case. Plaintiff may seek
reconsideration of this Order by filing a motion in this
Court no earlier than two years from the date of
entry of this Order.
Plaintiff wishes to appeal this order, he may file a notice
of appeal with this Court within thirty days of the entry of
judgment. Fed. R. App. P. 4(a)(4). If Plaintiff does choose
to appeal, he will be liable for the $505.00 appellate filing
fee irrespective of the outcome of the appeal. See
Fed. R. App. P. 3(e); 28 U.S.C. § 1915(e)(2); Ammons
v. Gerlinger, 547 F.3d 724, 725-26 (7th Cir. 2008);
Sloan v. Lesza, 181 F.3d 857, 858-59 (7th Cir.
1999); Lucien v. Jockisch, 133 F.3d 464, 467 (7th
Cir. 1998). Moreover, because Plaintiff has “struck
out, ” this Court will not grant him permission to
proceed in forma pauperis on appeal. Finally, if the
appeal is found to be nonmeritorious, Plaintiff may also
incur another “strike.” Should Plaintiff attempt
to file any new action in this Court, the Clerk of Court is
DIRECTED to return any documents submitted
in violation of this Order to Plaintiff unfiled.
IS FURTHER ORDERED that the agency having custody of
the Plaintiff SHALL remit the $400.00 filing
fee from his prison trust fund account if such funds are
available. If he does not have $400.00 in his account, the
agency must send an initial payment of 20% of the current
balance or the average balance during the past six months,
whichever amount is higher.
Plaintiff shall make monthly payments of 20% of the preceding
month's income credited to Plaintiff's prison trust
fund account until the $400.00 filing fee is paid in full.
The agency having custody of Plaintiff shall forward these
payments from the Plaintiff's trust fund account to the
Clerk of this Court each time the Plaintiff's account
exceeds $10.00, until the $400.00 fee is paid. Payments shall
be mailed to: Clerk of the Court, United States District
Court for the Southern District of Illinois, 750 Missouri
Ave., East St. Louis, Illinois 62201. The Clerk is
DIRECTED to mail a copy of this order to the
Trust Fund Officer at the Western Illinois Correctional
Center upon entry of this Order.
case is DISMISSED with prejudice. All
pending motions are DENIED as moot. The
Clerk's Office is DIRECTED to close this
case and enter judgment accordingly.
IS SO ORDERED.
 The Court noted in its Order Denying
Plaintiff's Motion for Leave to Proceed In Forma
Pauperis (Doc. 8) that Plaintiff's outstanding
balance for lawsuits he filed in this District in 2016-17 is
$3, 188.92. That amount does not include the money he owes
for the cases he has filed in this District in 2018, which he
is also required to pay.
 Plaintiff was directed to pay the
filing fee in each of the pending cases he filed in this
district in 2018. His latest deadline for payment was April
9, 2018 in No. 18-cv-122-MJR. This deadline, along with each
of his other deadlines, has passed without payment from
Plaintiff. For this reason, the Court anticipates that each
of Plaintiff's pending 2018 cases will be ...