Brown Jr v. Grant County Sheriff Dept

Filing 11

OPINION AND ORDER DISMISSES this case WITHOUT PREJUDICE; DENIES the in forma pauperis motion (ECF 12); ORDERS the plaintiff, Lloyd Brown, Jr., IDOC # 963614, to pay (and the facility having custody of him to automatically remit) to the clerk of this court 20 percent of the money he receives for each calendar month during which he receives $10.00 or more, until the $400.00 filing fee is paid in full; DIRECTS the clerk of court to create a ledger for receipt of these funds; DIRECTS the c lerk of court to return, unfiled, any papers filed in any case by or on behalf of Lloyd Brown, Jr., (except for a notice of appeal or unless filed in a criminal or habeas corpus proceeding) until he has paid in full all outstanding fees and sanctions in all civil actions in any federal court; DIRECTS the clerk of court to note on the docket any attempted filings in violation of this order; and DIRECTS the clerk of court to ensure that a copy of this order is mailed to each facility where the plaintiff is housed until the filing fee has been paid in full. ***Civil Case Terminated. Signed by Judge William C Lee on 4/9/18. (Copy mailed to pro se party and Warden and Financial)(mlc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
LLOYD BROWN, JR,
Plaintiff,
v.

CAUSE NO.: 1:18-CV-16-WL-PRC

GRANT COUNTY SHERIFF
DEPARTMENT, et al.,
Defendants.
OPINION AND ORDER
Lloyd Brown, Jr., a prisoner without a lawyer, filed a complaint and seeks leave
to proceed in forma pauperis. However, Brown is barred from proceeding in forma
pauperis pursuant to 28 U.S.C. § 1915(g). This is commonly known as the “Three Strikes
Rule” and Brown has six strikes.1 An inmate who has struck out, “can use the partial
prepayment option in §1915(b) only if in the future he ‘is under imminent danger of
serious physical injury.’” Abdul-Wadood v. Nathan, 91 F.3d 1023, 1025 (7th Cir. 1996). In
order to meet the imminent danger standard, the threat complained of must be real and
proximate. Ciarpaglini v. Saini, 352 F.3d 328, 330 (7th Cir. 2003). Only “genuine
emergencies” qualify as a basis for circumventing § 1915(g). Lewis v. Sullivan, 279 F.3d
526, 531 (7th Cir. 2002).

For a list of these six strikes, see Brown v. City of Marion, 1:04-cv-469 (N.D. Ind. filed February 14,
2005) ECF 7; and Brown v. Archey, 1:05-cv-002 (N.D. Ind. filed February 24, 2005) ECF 3.
1

In this case, Brown is attempting to sue three defendants over events which
occurred in the Grant County Jail from October 1, 2016, to February 5, 2018. Specifically
he alleges they obstructed his ability to defend himself in his State criminal proceedings
and subjected him to conditions of confinement which violated the constitution. The
claims raised in this case do not allege that Brown (who is now housed in the
Branchville Correctional Facility) is in imminent danger of serious physical injury.
Nonetheless, Brown filed an in forma pauperis petition, even though he knew2 he
was struck out. The Seventh Circuit requires that litigants be restricted when they attempt
to “bamboozle” the court by seeking to proceed in forma pauperis after they have been
informed that they are barred from doing so.
Litigants to whom § 1915(g) applies take heed! An effort to
bamboozle the court by seeking permission to proceed in forma pauperis
after a federal judge has held that § 1915(g) applies to a particular litigant
will lead to immediate termination of the suit. Moreover, the fee remains
due, and we held in Newlin v. Helman, 123 F.3d 429, 436-37 (7th Cir. 1997),
that unpaid docket fees incurred by litigants subject to § 1915(g) lead
straight to an order forbidding further litigation. Sloan’s appeal is
dismissed for failure to pay the appellate filing and docket fees. Until
Sloan has paid in full all outstanding fees and sanctions in all civil actions
he has filed, the clerks of all courts in this circuit will return unfiled all
papers he tenders. This order does not apply to criminal cases or petitions
challenging the terms of his confinement, and may be reexamined in two
years under the approach of Newlin and Support Systems International, Inc.
v. Mack, 45 F.3d 185 (7th Cir. 1995).
Sloan v. Lesza, 181 F.3d 857, 859 (7th Cir. 1999).

2 Brown has been told seven times that he is barred from proceeding in forma pauperis pursuant
to 28 U.S.C. § 1915(g). Three times in Brown v. City of Marion, 1:04-cv-469 (N.D. Ind. filed February 14,
2005) ECF 7, 12, and 13. Four times in Brown v. Archey, 1:05-cv-002 (N.D. Ind. filed February 24, 2005) ECF
3, 6, 9, and 14.

2

So too, this case will be dismissed, the filing fee assessed, and Brown restricted
until he has paid in full all outstanding filing fees and sanctions imposed by any federal
court. The restriction imposed by this order does not restrict him from filing a notice of
appeal nor “impede him from making any filings necessary to protect him from
imprisonment or other confinement, but . . . [it does] not let him file any paper in any
other suit . . . until he pays the money he owes.” Support Sys. Int’l v. Mack, 45 F.3d 185,
186 (7th Cir. 1995).
For these reasons, the court:
(1) DISMISSES this case WITHOUT PREJUDICE;
(2) DENIES the in forma pauperis motion (ECF 12);
(3) ORDERS the plaintiff, Lloyd Brown, Jr., IDOC # 963614, to pay (and the
facility having custody of him to automatically remit) to the clerk of this court 20
percent of the money he receives for each calendar month during which he receives
$10.00 or more, until the $400.00 filing fee is paid in full;
(4) DIRECTS the clerk of court to create a ledger for receipt of these funds;
(5) DIRECTS the clerk of court to return, unfiled, any papers filed in any case by
or on behalf of Lloyd Brown, Jr., (except for a notice of appeal or unless filed in a criminal
or habeas corpus proceeding) until he has paid in full all outstanding fees and sanctions
in all civil actions in any federal court;
(6) DIRECTS the clerk of court to note on the docket of this case any attempted
filings in violation of this order; and
(7) DIRECTS the clerk of court to ensure that a copy of this order is mailed to each
facility where the plaintiff is housed until the filing fee has been paid in full.
SO ORDERED on April 9, 2018.
s/William C. Lee
JUDGE WILLIAM C. LEE
UNITED STATES DISTRICT COURT
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