Restricted Filer Bell v. Asel

Filing 4

OPINION AND ORDER DENYING 3 MOTION for Leave to Proceed In Forma Pauperis by Plaintiff Graylon Bell. This case is DISMISSED WITHOUT PREJUDICE. Plaintiff (and facility having custody of him) ORDERED to remit to the Clerk of this Court monthly payme nts as outlined in Order until the $400.00 filing fee is paid in full. Clerk DIRECTED to return, unfiled, any papers filed in any case by or on behalf of Graylon Bell (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. Clerk DIRECTED to note on the docket of this case any attempted filings in violation of this Order. Clerk DIRECTED to forward a copy of this Order to each facility where Plaintiff is housed until the filing fee has been paid in full. Signed by Judge Rudy Lozano on 1/23/17. (cc: Superintendent, Westville Correctional Facility). (cer)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
GRAYLON BELL,
Plaintiff,
vs.
NURSE JANET ASEL,
Defendant.

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CAUSE NO. 3:17-CV-014

OPINION AND ORDER
This matter is before the Court on the complaint and in forma
pauperis motion filed by Graylon Bell, a pro se prisoner, on
January 4, 2017. For the reasons set forth below, the Court: (1)
DENIES the in forma pauperis motion (DE 3); (2) DISMISSES this
case WITHOUT PREJUDICE; (3) ORDERS the plaintiff, Graylon Bell,
IDOC # 900981, 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 return, unfiled, any papers filed in
any case by or on behalf of Graylon Bell (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; (5) DIRECTS the clerk to
note on the docket of this case any attempted filings in violation

of this order; and (6) 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.

DISCUSSION
Bell 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 Bell has accumulated three 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). In this case, Bell
is seeking monetary damages from a nurse for failing to provide
him medical treatment on December 21 and 22, 2016. These claims do
not allege that Bell is in imminent danger. Therefore he cannot
proceed in forma pauperis in this case.

1

IP96-0107-C-H/G, dismissed Sept. 16, 1996; IP97-0165-C-M/S, dismissed
Feb. 14, 1997; and IP 97-312-C-D/F, dismissed March 13, 1997.

2

Nevertheless, he 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).
So too, this case will be dismissed, the filing fee assessed,
and Bell 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,

2

See Bell v. Reese, 1:04-CV-1515 (S.D. Ind. filed September 15, 2004),
order entered September 17, 2004.

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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).

CONCLUSION
For the foregoing reasons, the Court: (1) DENIES the in forma
pauperis motion (DE 3); (2) DISMISSES this case WITHOUT PREJUDICE;
(3) ORDERS the plaintiff, Graylon Bell, IDOC # 900981, 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 return, unfiled, any papers filed in any case by or on behalf
of Graylon Bell (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; (5) DIRECTS the clerk to note on the docket of this
case any attempted filings in violation of this order; and (6)
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.

DATED: January 23, 2017

/s/RUDY LOZANO, Judge
United States District Court

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