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Denied and The Case Is Dismissed Without Prejudice
Denied and The Case Is Dismissed Without Prejudice
3
case 3:07-cv-00123-RL-CAN document 3 filed 03/27/2007 page 1 of 4
March 21, 2007. For the reasons set forth below, Fagan’s motion
receives $10.00 or more, until the $350 filing fee is paid in full.
full all outstanding fees and sanctions in all civil actions in any
federal court within the Seventh Circuit, and the Clerk is ORDERED
Dockets.Justia.com
case 3:07-cv-00123-RL-CAN document 3 filed 03/27/2007 page 2 of 4
DISCUSSION
et. al, 3:06-CV-777 (N.D. Ind. filed November 20, 2006). Fagan
motion for reconsideration and again advised Fagan that the Court
because Fagan had accumulated three strikes and had not paid the
filing fee.
circumstance is as follows:
1
A prisoner may not bring a civil action in forma pauperis
if he has “on three 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 was 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). This
is commonly referred to as the “three strikes” provision.
2
The facts alleged in the instant motion do not support the
conclusion that Fagan is in imminent danger of serious physical
injury.
2
case 3:07-cv-00123-RL-CAN document 3 filed 03/27/2007 page 3 of 4
Sloan v. Lesza, 181 F.3d 857, 859 (7th Cir. 1999). The restriction
imposed by this order does “not impede him from making any filings
but . . . [it does] not let him file any paper in any other suit .
filing fee, and because Fagan has not prepaid the filing fee in
3
case 3:07-cv-00123-RL-CAN document 3 filed 03/27/2007 page 4 of 4
Seventh Circuit.
CONCLUSION
(docket # 1).
housed.