MOON et al v. FEDERAL BUREAU OF PRISONS et al

Filing 50

ENTRY and Order Directing Dismissal of Action - this matter is dismissed with prejudice. Judgement consistent with this Entry shall now issue. Copy to plaintiiff via US Mail. Signed by Judge Jane Magnus-Stinson on 3/20/2012.(RSF) Modified on 3/20/2012 - added copy text (RSF).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
DARNELL WESLEY MOON,
Plaintiff,
vs.
FEDERAL BUREAU OF PRISONS,
et al.,
Defendants.

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2:11-cv-178-JMS-WGH

Entry and Order Directing Dismissal of Action
A review of the record reveals that the plaintiff filed a request to proceed in
forma pauperis with the complaint, that the request to proceed in forma pauperis
was granted in Part I of the Entry issued on August 30, 2011 and that the plaintiff
owes the full filing fee of $350.00. There is something amiss with the foregoing.
A prisoner who has filed at least three suits or appeals that are frivolous,
malicious, or fail to state a claim is ineligible to proceed in forma pauperis and must
prepay all fees unless in imminent physical danger. 28 U.S.C. ' 1915(g); see
Ammons v. Gerlinger, 547 F.3d 724, 725 (7th Cir. 2008). As both Ammons and this
case demonstrate, a court does not always have complete information regarding a
litigant=s prior Astrikes.@
It was noted in Moon v. Missouri Div. of Employment Sec., 2009 WL 3261920,
1 (W.D.Mo. 2009), that the plaintiff has accumulated more than three strikes. In
doing so, the court cited the following cases as ones in which Moon had acquired a
strike: Moon v. United States, No. 09-0006 (E.D.Mo. 2009) (legally frivolous); Moon
v. National Asset Recovery Services, Inc., No. 09-0117 (E.D.Mo. 2009) (legally
frivolous); Moon v. National Asset Recovery Services, Inc., No. 09-1129 (E.D.Mo.
2009) (legally frivolous).

The foregoing shows that Moon has been aware since 2009 that he has been
ineligible for in forma pauperis status. The situation here would thus appear to be
governed by the following rule in Ammons: AA litigant who knows that he has
accumulated three or more frivolous suits or appeals must alert the court to that
fact.@ 547 F.3d at 725 (citing Sloan v. Lesza, 181 F.3d 857, 858-59 (7th Cir. 1999)).
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.
Sloan, 181 F.3d at 859. Moon commenced and has continued the litigation of this
action under false pretenses. The only appropriate action in these circumstances is
the immediate termination of the suit. Because of his long history of abusive
litigation in the federal courts and because of his ploy in this case in particular, the
dismissal shall be with prejudice.
Judgment consistent with this Entry shall now issue.
IT IS SO ORDERED.

03/20/2012
Date: _________________

_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana