Podkulski v. Niepert

Filing 8

ORDER: Because the PLRA applied to this case when it was dismissed as frivolous, the Court AMENDS the Order Dismissing Case (Doc. 5) to assess Podkulski a strike under 28 U.S.C. § 1915g. The Order Dismissing Case is otherwise unchanged. Signed by Chief Judge Nancy J. Rosenstengel on 6/26/2019. (jmp2)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
STEVEN PODKULSKI,
Plaintiff,
v.

Case No. 3:18-CV-246-MJR

COUNSELOR NIEPERT,
Defendant.

MEMORANDUM AND ORDER
ROSENSTENGEL, Chief Judge:
Steven Podkulski commenced this action on November 27, 2017, and filed a
motion to proceed in forma pauperis (“IFP”). Podkulski v. Trost, et al, Case No. 17-cv-1284NJR-GCS (S.D. Ill.), Docs. 1, 2. The Court severed Podkulski’s claims into three separate
actions, and this case was dismissed with prejudice as legally frivolous (Doc. 6). The
Court permitted Podkulski to proceed IFP in the remaining two cases. Podkulski v. Trost,
et al, Case No. 17-cv-1284-NJR-GCS (S.D. Ill.), Doc. 6; Podkulski v. Trost, et al, Case No. 18cv-214-NJR-MAB (S.D. Ill.), Doc. 7.
The Court has recently discovered that when Podkulski filed the complaint, he
misrepresented to the Court that he was not incarcerated. See Podkulski v. Trost, et al, Case
No. 17-cv-1284-NJR-GCS (S.D. Ill.), Doc. 65. Podkulski’s deception permitted him to skirt
the Prison Litigation Reform Act (“PLRA”), which requires the Court to screen the
complaint and dismiss claims that are frivolous, malicious, or fail to state a claim upon
which relief can be granted. 28 U.S.C. § 1915A. Anytime a case or an appeal is dismissed
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for one of these reasons, the plaintiff incurs a “strike.” 28 U.S.C. § 1915g. Once a plaintiff
earns three strikes, he is prohibited from proceeding IFP in any future civil action or on
any appeal, unless he is under imminent danger of serious physical injury. Id.
Because the PLRA applied to this case when it was dismissed as frivolous, the
Court AMENDS the Order Dismissing Case (Doc. 5) to assess Podkulski a strike under
28 U.S.C. § 1915g. The Order Dismissing Case is otherwise unchanged.
IT IS SO ORDERED.
DATED: June 26, 2019
____________________________
NANCY J. ROSENSTENGEL
Chief U.S. District Judge

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