SMITH v. SUPERINTENDENT

Filing 5

ORDER that Smith violated the Court of Appeals Order in No. 09-2444 by submitting this action. The action is dismissed. Judgment dismissing the action without prejudice shall now issue. ORDER granting 3 Motion for Leave to Proceed in forma pauperis. (copy to Petitioner via US Mail) Signed by Judge Jane Magnus-Stinson on 6/26/2012. (SMD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
ERIC SMITH,

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Petitioner,

vs.
SUPERINTENDENT,

Respondent.

2:12-cv-171-JMS-WGH

Entry and Order Directing Dismissal of Action
I.
Eric Smith is serving the executed sentence imposed by an Indiana state
court following his conviction for arson. See Smith v. State, 779 N.E.2d 978 (Ind. Ct.
App. 2002), trans. denied. He has filed the present action seeking a writ of habeas
corpus challenging a prison disciplinary proceeding.
Because of his abusive litigation in federal courts, Smith has been sanctioned
through the issuance of a species of restricted filer orders. The Order in Smith=s
case was issued by the Seventh Circuit Court of Appeals in No. 09-2444 on June 10,
2009. The text of the restrictive filer Order is the following:
Smith is fined $500. Until he pays that sum in full to the clerk of this
court, he is barred from filing further civil suits in the courts of this
circuit, in accordance with Support Systems International v. Mack, 345
F.3d 185 (7th Cir. 1995).
Smith violated the Court of Appeals= Order in No. 09-2444 by submitting this
action. The action is dismissed. Judgment dismissing the action without prejudice
shall now issue.
II.
The petitioner’s request to proceed in forma pauperis [3] is granted.
IT IS SO ORDERED.
06/26/2012
Date: ______________________

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

Distribution:
Eric D. Smith
#112675
Westville Correctional Facility
5501 South 1100 West
Westville, IN 46391