KONRATH v. VANCE et al

Filing 34

ENTRY Rescinding 3 In Forma Pauperis Status and Directing Immediate Payment of the Full Filing Fee. The plaintiff shall have through December 27, 2016, in which to pay the full $400.00 filing fee for this action. If he fails to do so, the action will be dismissed without further notice for failure to pay the filing fee. Signed by Judge Larry J. McKinney on 12/7/2016. (See Entry.) Copy sent to Plaintiff via US Mail.(LDH)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
GREGORY KONRATH,

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Plaintiff,
vs.
ALLISON VANCE,
INDIANAPOLIS MONTHLY,
Defendants.

No. 1:16-cv-02784-LJM-DKL

Entry Rescinding In Forma Pauperis Status
and Directing Immediate Payment of the Full Filing Fee
I.
The plaintiff’s complaint in this civil action was filed on October 3, 2016, in the Northern
District of Indiana. The plaintiff’s motion to proceed in forma pauperis was granted and a
collection order was issued. No payments have been receipted on this Court’s docket.
The Court is now aware that the plaintiff is and was not eligible to proceed in forma
pauperis. The order granting the plaintiff in forma pauperis (docket 3) is rescinded. The reason
for this ruling is that the plaintiff Gregory Konrath, an inmate at the Westville Correctional
Facility, has filed more than 75 cases since August, 5, 2016, and has acquired three or more
“strikes” through having litigation to which he was a party in a federal court dismissed for failure
to state a claim upon which relief could be granted or as frivolous. 1 Therefore, he is not entitled

1

In Evans v. Illinois Department of Corrections, 150 F.3d 810 (7th Cir. 1998), it was noted
that a prisoner-litigant in these circumstances is entitled to know the cases the court relies on
when making the three-strikes determination. For the plaintiff’s reference, the cases on which the
court relies in finding three or more “strikes” consist of the following:

to proceed in forma pauperis, unless the exception under 28 U.S.C. § 1915(g), that he “is under
imminent danger of serious physical injury,” applies. Those circumstances are not presented by
his claims in this case.
II.
Accordingly, the plaintiff shall have through December 27, 2016, in which to pay the
full $400.00 filing fee for this action. If he fails to do so, the action will be dismissed without
further notice for failure to pay the filing fee.
IT IS SO ORDERED.

12/7/2016
Date: __________________

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LARRY J. McKINNEY, JUDGE
United States District Court
Southern District of Indiana

Konrath v. Sands, 3:16-cv-520-RL-CAN (N.D. Ind. August 17, 2016) (dismissing action
pursuant to 28 U.S.C. § 1915(e)(2)(B)(iii)).
Konrath v. Embry, 3:16-cv-519-PPS-CAN (N.D. Ind. August 22, 2016) (dismissing action
pursuant to 28 U.S.C. § 1915A).
Konrath v. Indiana State of, 3:16-cv-536-JTM-MGG (N.D. Ind. September 19, 2016)
(dismissing action as frivolous pursuant to 28 U.S.C. § 1915A).

Distribution:
GREGORY KONRATH
254068
WESTVILLE CORRECTIONAL FACILITY
Inmate Mail/Parcels
5501 South 1100 West
WESTVILLE, IN 46391
Electronically registered counsel