Konrath v. Sevier et al

Filing 6

ORDER: Court DISMISSES this case WITHOUT PREJUDICE; ORDERS the plaintiff 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 re ceives $10.00 or more, until the $400.00 filing fee is paid in full; 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. Signed by Judge Rudy Lozano on 1/18/2017. cc: Konrath, Westville Corr Fac (tc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
GREGORY KONRATH,
Plaintiff,
v.
MARK SEVIER, et al.,
Defendants

)
)
)
)
)
)
)
)
)

Cause No. 3:17-CV-53-RL

OPINION AND ORDER
This matter is before the Court on a complaint filed by
Gregory Konrath in the United States District Court for the
Southern District of Indiana on January 10, 2017, which was
transferred to this court. Konrath is restricted from filing in any
civil case in this Court “until he has paid in full all outstanding
fees and sanctions in all civil actions in any federal court . .
..” Konrath v. Unity Healthcare, LLC, 3:17-CV-009 (N.D. Ind. filed
January 4, 2017), order entered January 5, 2017. Because of that
order, Konrath cannot file anything in this case and is therefore
unable to proceed at this time. Nevertheless, pursuant to 28 U.S.C.
§ 1915(b), he must still pay the filing fee. See Newlin v. Helman,
123 F.3d 429 (7th Cir. 1997).
For the foregoing reasons, the Court:
(1) DISMISSES this case WITHOUT PREJUDICE;

(2) ORDERS the plaintiff, Gregory Konrath, IDOC # 254068, 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; and
(3) 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 18, 2017

/s/RUDY LOZANO, Judge
United States District Court