Maxie v. Rehak
Filing
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OPINION AND ORDER denying 2 MOTION for Leave to Proceed in forma pauperis. Michael Maxie is GRANTED until 1/11/2018 to pay the $400 filing fee and is CAUTIONED that if the fee is not paid by that date, this case will be dismissed without further notice. Signed by Judge Jon E DeGuilio on 12/18/17. (Copy mailed to pro se party)(ksp)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
MICHAEL A. MAXIE,
Plaintiff,
vs.
MICHAEL REHAK,
Defendant.
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CAUSE NO. 3:17-CV-935 JD
OPINION AND ORDER
Michael A. Maxie, a prisoner without an attorney, filed a complaint with a motion asking
to proceed in forma pauperis. However, Maxie is barred from proceeding in forma pauperis by
28 U.S.C. § 1915(g). This is commonly known as the “Three Strikes Rule” and Maxie has
accumulated four strikes:
(1) Maxie v. Schneieer, 3:13-CV-848 (N.D. Ind. filed August 19, 2013). Case
dismissed on September 4, 2013, pursuant to 28 U.S.C. § 1915A as
malicious;
(2) Maxie v. Doe, 3:13-CV-1278 (N.D. Ind. filed November 29, 2013). Case
dismissed on February 26, 2014, pursuant to 28 U.S.C. § 1915A for failure
to state a claim ;
(3) Maxie v. Levenhagen, 3:13-CV-1279 (N.D. Ind. filed November 29, 2013).
Case dismissed on May 1, 2014, pursuant to 28 U.S.C. § 1915A for failure
to state a claim;
(4) Maxie v. Wilson, 3:13-CV-1021 (N.D. Ind. filed September 23, 2013). Case
dismissed on May 2, 2014, pursuant to 28 U.S.C. § 1915A for failure to
state a claim.
An inmate with three or more strikes “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, Maxie is suing his public defender for
$800,000.00 for not properly representing him in his current State court criminal proceedings.
There are no allegations of imminent danger of serious physical injury. Thus, he may not
proceed in forma pauperis and must pay the $400 filing fee to continue with this case.
For these reasons, Michael A. Maxie is GRANTED until January 11, 2018, to pay the
$400 filing fee; and CAUTIONED if the fee is not paid by that date, this case will be dismissed
without further notice.
SO ORDERED.
ENTERED: December 18, 2017
/s/ JON E. DEGUILIO
Judge
United States District Court
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