Mitchell v. Heberer 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 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 anot her 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,
Case No. 18-cv-121-DRH
and MS. HARTER,
MEMORANDUM AND ORDER
HERNDON, District Judge:
On March 9, 2018, Plaintiff was ordered to pay the full filing fee of $400.00
for this action and the outstanding money owed for his previously filed 1 and other
pending actions in full no later than April 5, 2018 (Doc. 8). The deadline for
payment 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 respond to the Court’s requirement that he show cause why the Court
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 Case 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 dismissed,
though dismissal of 18-cv-122-MJR remains forthcoming given the recent deadline.
should not restrict him from filing any further actions in this Court while the fees
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.
All pending motions are
DENIED as moot. The Clerk’s Office is DIRECTED to close this case and enter
IT IS SO ORDERED.
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?