Restricted Filer v. DeGuilio
Filing
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OPINION AND ORDER: The Court DISMISSES this case as frivolous; DENIES the Motion for Leave to Proceed in forma pauperis 2 ; ORDERS the Plaintiff, Michael Sheneman, BOP # 11310-027, to pay (and the facility having custody of him to automatically re mit) to the Clerk of Court 20% 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 Clerk of Court to return, unfiled, any papers filed in any case by or on behalf of Michael Sheneman (except for a notice of appeal or unless filed in a criminal or habeas corpus proceeding) until he has paid in full all outstandi ng fees and sanctions in all civil actions in any federal court; DIRECTS the Clerk of Court to note on the docket of this case 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. Signed by Chief Judge Theresa L Springmann on 3/8/2017. (Copy mailed to pro se party and Superintendent) (lhc)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
MICHAEL SHENEMAN,
Plaintiff,
v.
JON DeGUILIO,
Defendant.
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CAUSE NO.: 3:17-CV-187-TLS
OPINION AND ORDER
Michael Sheneman, a pro se prisoner, filed a Complaint [ECF No. 1] and a Motion for
Leave to Proceed in forma pauperis [ECF No. 2]. However, Sheneman 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 Sheneman has 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, Sheneman is attempting to sue United States District Court Judge Jon
DeGuilio. He is asking for a writ of mandamus compelling Judge DeGuilio to rule for him in
Sheneman v. Brook, 3:17-CV-124 (N.D. Ind. filed February 14, 2017), in which he asked for an
order requiring the prosecution of three people: the two Assistant United States Attorneys who
1
(1) Sheneman v. Brook, 3:14-CV-2086 (N.D. Ind. filed Dec. 22, 2014), dismissed July 10, 2015,
for failure to state a claim; (2) Sheneman v. United States of America, 1:15-CV-1785 (D.D.C. filed Oct.
20, 2015), dismissed December 9, 2015, for failure to state a claim; and (3) Sheneman v. Brook, 1:16-CV181 (D.D.C. filed Feb. 4, 2016), dismissed February 4, 2016, for failure to state a claim.
prosecuted the federal criminal case against him and his criminal defense attorney in that case.
This case does not allege that Sheneman is in imminent danger. Moreover, this case is frivolous
because Federal Rule of Civil Procedure 81(b) abolished writs of mandamus in the district
courts. “A party petitioning for a writ of mandamus or prohibition directed to a court must file a
petition with the circuit clerk . . . .” Federal Rule of Appellate Procedure 21(a)(1). Therefore he
cannot proceed in forma pauperis and this case qualifies as another strike.
Nonetheless, Sheneman 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 Sheneman 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
2
See Sheneman v. Brook, 3:17-CV-124 (N.D. Ind. filed Feb. 14, 2017), 3 strikes order entered
February 15, 2017, and notice of appeal challenging that order postmarked February 22, 2017. Six days
later, he signed the Complaint and in forma pauperis Motion in this case on February 28, 2017.
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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 as frivolous;
(2) DENIES the Motion for Leave to Proceed in forma pauperis [ECF No. 2];
(3) ORDERS the Plaintiff, Michael Sheneman, BOP # 11310-027, to pay (and the
facility having custody of him to automatically remit) to the Clerk of 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 Michael Sheneman (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 March 8, 2017
s/ Theresa L. Springmann
CHIEF JUDGE THERESA L. SPRINGMANN
UNITED STATES DISTRICT COURT
FORT WAYNE DIVISION
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