MERCADO v. MADDIX et al

Filing 5

ENTRY DISCUSSING FILING FEE: Plaintiff, Angelito Mercado has not paid the $400 filing fee prescribed by Congress. See 28 U.S.C. § 1914(a). He also appears to have "struck out" under 28 U.S.C. § 1915(g). Mr. Mercado shall have through October 12, 2020 to pay the $400 filing fee to the clerk of the district court. Failure to do so will result in dismissal of this action without further notice (SEE ENTRY FOR ADDITIONAL INFORMATION). Signed by Judge James Patrick Hanlon on 9/14/2020. Copy to Plaintiff via US Mail. (DWH)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION ANGELITO C. MERCADO, ) ) ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. DRAKE MADDIX Officer, PRANTHER Deputy, BRANDON DECKER, ROBERT MITCHELL Officer, KYLE YOUNG Officer, SCHRADER Officer, Defendants. No. 1:20-cv-02179-JPH-TAB ENTRY DISCUSSING FILING FEE Plaintiff, Angelito Mercado has not paid the $400 filing fee prescribed by Congress. See 28 U.S.C. § 1914(a). He also appears to have "struck out" under 28 U.S.C. § 1915(g). That statute "prohibits a prisoner from proceeding [in forma pauperis] if, on three or more occasions during his imprisonment, he has 'brought an action… that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted." Turley v. Gaetz, 625 F.3d 1005, 1006 (7th Cir. 2010). The "sole statutory exception" is if "the prisoner is under imminent danger of serious physical injury." Id. Mr. Mercado has not alleged imminent danger, and he has had three prior cases dismissed for failure to state a claim. 1 1) Mercado v. Bartholomew County Sheriff's Dept., et al., No. 1:17-cv00323-JMS-MJD (S.D. Ind. Mar. 28, 2017) (dismissing action for failure to state a claim); 2) Mercado v. Columbus Police Dept., et al., No. 1:17-cv-00981-SEB-DML (S.D. Ind. Mar. 31, 2017) (dismissing action for failure to state a claim); 3) Mercado v. Columbus Police Dept., et al., No. 1:17-cv-00910-JMS-DML (S.D. Ind. Apr. 26, 2017) (dismissing action for failure to state a claim) With respect to Mr. Mercado's letter requesting that the Court "remove the cost of the filing fee from his trust account," dkt. 2, the statutory language does not contemplate such a payment of the full feels. See 28 U.S.C. § 1915(b). Mr. Mercado shall have through October 12, 2020 to pay the $400 filing fee to the clerk of the district court. Failure to do so will result in dismissal of this action without further notice. SO ORDERED. Date: 9/14/2020 Distribution: ANGELITO C. MERCADO BARTHOLOMEW COUNTY JAIL 543 2nd Street Columbus, IN 47201 2

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