Mitchell v. Dennison et al
ORDER DISMISSING CASE with prejudice. 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 $5,588.92 have been paid in full. This filing restrictio n 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 an other 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. See attached order for details. Signed by Judge David R. Herndon on 4/10/2018. (tjk)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DANNEL MAURICE MITCHELL,
and JOHN/JANE DOE,
Case No. 18-cv-00118-DRH
MEMORANDUM AND ORDER
HERNDON, District Judge:
Plaintiff Dannel Mitchell is currently incarcerated at Western Illinois
Correctional Center (“Western Illinois”). He filed this civil rights action pursuant
to 42 U.S.C. § 1983 for alleged deprivations of his constitutional rights at
Shawnee Correctional Center. (Doc. 1). Along with the Complaint, Plaintiff filed a
Motion for Leave to Proceed in forma pauperis (“IFP Motion”), in which he
requested the Court’s permission to proceed without prepaying the full $400.00
filing fee for this action.
Before screening the Complaint under
28 U.S.C. § 1915A, the Court addressed Plaintiff’s eligibility to proceed IFP. See
28 U.S.C. § 1914(a).
Plaintiff previously “struck out” by filing numerous civil actions that were
dismissed as being frivolous, malicious, or for failure to state a claim. Even so,
he continued filing lawsuits without paying the filing fees for them. Plaintiff also
failed to demonstrate that he was facing imminent danger of serious physical
injury at the time he filed this suit. He was deemed ineligible to proceed IFP
In an Order dated February 8, 2018, this Court denied Plaintiff’s IFP
Motion. (Doc. 6). The Court ordered him to pay the full filing fee of $400.00 for
this action, as well as the outstanding money owed for his previously filed 1 and
other pending actions no later than March 8, 2018. Id. In the same order, the
Court required Plaintiff to show cause by the same deadline why Plaintiff should
not be restricted from filing any further actions in this Court while his
outstanding fees remain unpaid.
The deadline has now passed. Plaintiff has made no payment toward the
$400.00 filing fee he owes in this case or, more broadly, the $5,588.92 total he
owes for all of the cases he has filed in this District, including this one. 2 Plaintiff
has also failed to adequately respond to the Court’s order to show cause, stating
that he suffers from AIDS and AIDS-related dementia that makes it difficult for
The Court noted in its Order Denying Plaintiff’s IFP Motion (Doc. 6, p. 7) 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 Case No. 18-cv122-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 dismissed, though dismissal of Case No. 18-cv-122-MJR
remains forthcoming given the recent deadline.
him to understand the Court’s many complicated procedures. (Doc. 7). However,
this does not entitle Plaintiff to continue inundating this Court with frivolous,
malicious, meritless, and/or duplicative lawsuits while paying no filing fees for
Because 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 $5,588.92 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 useless.
THEREFORE, 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 $5,588.92 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.
If 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.
IT 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.
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 62202. 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.
This case is DISMISSED with prejudice. Plaintiff’s pending Motion for
Subpoena (Doc. 4) is DENIED as moot, and his Motion to Show Cause (Doc. 7) is
DENIED. The Clerk’s Office is DIRECTED to close this case and enter judgment
IT IS SO ORDERED.
United States District Judge
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