GATES et al v. WABASH VALLEY CORRECTION FACILITY et al

Filing 7

ENTRY - The plaintiff's request to proceed in forma pauperis 2 is denied. For plaintiff Gates' reference, the cases on which the court relies in finding three or more "strikes" were each filed in the United States District Cour t for the Southern District of Indiana, and consist of the following: EV 92-73-C Dismissed as legally frivolous EV 90-71-C Dismissed as legally frivolous EV 93-31-C Dismissed as legally frivolous TH 96-88-C Dismissed as legally frivolous EV93-008-C D ismissed as legally frivolous These prior "strikes" were brought to Mr. Gates' attention in the Entry issued on December 13, 2007, in No. 3:07-cv-178-SEB-WGH. The plaintiff shall have through November 15, 2011, in which to pay the $350.00 filing fee for this action. Signed by Judge Jane Magnus-Stinson on 10/24/2011.(copy to plaintiff via us mail) (VS)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA

ARTHUR LEE GATES, JR.,

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)
Plaintiff,
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vs.
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INDIANA DEPT. OF CORRECTIONS, )
et al.,
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)
Defendants. )

2:11-cv-280-JMS-DKL

ENTRY
I.
The plaintiff=s request to proceed in forma pauperis [2] is denied because the
plaintiff is not entitled to that status. The specific circumstance requiring this ruling is that
the plaintiff has acquired three or more Astrikes@ 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. Therefore, he is not entitled to proceed in forma pauperis, unless
the exception under 28 U.S.C. ' 1915(g), that he Ais under imminent danger of serious
physical injury,@ applies. Those circumstances are not presented by his claim in this case.
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 3-strikes determination. For plaintiff Gates= reference, the
cases on which the court relies in finding three or more Astrikes@ were each filed in the
United States District Court for the Southern District of Indiana, and consist of the
following:
EV 92-73-C
EV 90-71-C
EV 93-31-C
TH 96-88-C
EV93-008-C

Dismissed as legally frivolous
Dismissed as legally frivolous
Dismissed as legally frivolous
Dismissed as legally frivolous
Dismissed as legally frivolous

These prior “strikes” were brought to Mr. Gates’ attention in the Entry issued on
December 13, 2007, in No. 3:07-cv-178-SEB-WGH.

II.
The plaintiff shall have through November 15, 2011, in which to pay the $350.00
filing fee for this action.
IT IS SO ORDERED.

Date:

10/24/2011
_______________________________

Distribution:
Arthur Lee Gates Jr.
DOC # 174757
Wabash Valley Correctional Facility
6908 S. Old U.S. Highway 41
P.O. Box 500
Carlisle, IN 47838

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