THOMAS v. KELLER et al

Filing 4

Entry and Order Directing Dismissal of Action - denying 2 Motion for Leave to Proceed in forma pauperis. This action is dismissed without prejudice. Judgment consistent with this Entry shall now issue. (See Entry.) Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 8/27/2012. (RSF)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
JOHN ERIC THOMAS,
Plaintiff,
vs.
CORRECTIONAL OFFICER
BRADLEY KELLER, et al.,
Defendants.

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2:12-cv-238-JMS-DKL

Entry and Order Directing Dismissal of Action
Plaintiff=s complaint is accompanied by his request to proceed in forma
pauperis. As set forth in Thomas v. Donahue, No. 2:08-cv-142-RLY-WGH (S.D. Ind.
June 6, 2008), and again in Thomas v. Buss, 2:10-cv-154-JMS-DML (S.D. Ind. June
17, 2010), the plaintiff has Astruck out@ under 28 U.S.C. ' 1915. The rulings in each
of those cases set forth the specific information regarding the plaintiff=s prior
Astrikes@ as contemplated in Evans v. Illinois Department of Corrections,150 F.3d
810 (7th Cir. 1998). This renders him ineligible to proceed in forma pauperis. These
circumstances trigger the rule of Sloan v. Lesza, 181 F.3d 857, 859 (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.
Accordingly, plaintiff=s application to proceed in forma pauperis [2] is denied and
this action is dismissed without prejudice.
Judgment consistent with this Entry shall now issue.
IT IS SO ORDERED.

08/27/2012
Date: __________________

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

Distribution:
John Eric Thomas
DOC #137153
Wabash Valley Correctional Facility
6908 S. Old US Highway 41
Carlisle, IN 47838