Henderson v. Dunlap et al

Filing 5

WRITTEN Opinion entered by the Honorable Samuel Der-Yeghiayan on 7/23/2012: For the reason stated below, the instant action is hereby ordered dismissed without prejudice. Plaintiff's motions for leave to proceed in forma pauperis 3 and motion for appointment of counsel 4 are denied as moot. Civil case terminated. [For further details see text below.] Mailed notice (ph, )

Order Form (01/2005)

United States District Court, Northern District of Illinois
Name of Assigned Judge
or Magistrate Judge

Samuel Der-Yeghiayan

CASE NUMBER

12 C 5347

CASE
TITLE

Sitting Judge if Other
than Assigned Judge

DATE

7/23/2012

Stennis Henderson (#2012-0228187) vs. Dunlap, et al.

DOCKET ENTRY TEXT

For the reason stated below, the instant action is hereby ordered dismissed without prejudice. Plaintiff’s
motions for leave to proceed in forma pauperis [3] and motion for appointment of counsel [4] are denied as
moot. Civil case terminated.

O[ For further details see text below.]

Docketing to mail notices.

STATEMENT
This matter is before the court on Plaintiff Stennis Henderson’s (Henderson) motion for leave to
proceed in forma pauperis and motion for appointment of counsel. Henderson indicates in his pro se
complaint that he is incarcerated and that he is bringing the instant action pursuant to 42 U.S.C. § 1983,
relating to his alleged treatment while incarcerated. (Compl. 5). Pursuant to 28 U.S.C. § 1915(g), “[i]n no
event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under this
section 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.” Id.
Henderson indicates that he is suing regarding an alleged incident that occurred in May 2012 and he
does not indicate in his complaint that he is in imminent danger of serious physical injury. In addition,
Henderson has left blank the section provided on his pro se complaint form to list all lawsuits he has
previously filed and the results of such lawsuits. (Compl. 4). The pro se complaint form specifically warned
Henderson that the failure to complete the section relating to prior lawsuits could result in the dismissal of
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STATEMENT
the instant action. (Compl. 4). Henderson has failed to provide the court with the necessary information for
the court to assess whether the instant action should be dismissed pursuant to 28 U.S.C. § 1915(g).
Therefore, the instant action is dismissed without prejudice. The motion for leave to proceed in forma
pauperis and motion for appointment of counsel are denied as moot.

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