McIntosh v. Jadin et al

Filing 188

ORDER approving 187 Stipulation filed by Charles T McIntosh, signed by Chief Judge William C Griesbach on 09/13/2013. If the Court of Appeals Sanction Order does apply, McIntosh will have to pay the $500 before his brief can beaccepted for filing. Thus, while the court hereby approves the stipulation of the parties, McIntosh will have to address the sanction before his brief can be accepted. (cc: all counsel)(Griesbach, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
CHARLES T MCINTOSH ,
Plaintiff,
v.

Case No. 09-C-1106

CAPTAIN JADIN, C.O. MALUEG,
and NORB WENDRICKS,,
Defendants.

ORDER

The parties have stipulated to an extension of time for Plaintiff to respond to the
Defendant’s motions for summary judgment and for an enlargement of the page limitation of
Plaintiff’s response brief. The court has no difficulty granting the Order, except for the existence
of a Mack order entered by the United States Court of Appeals for the Seventh Circuit on July 29,
2013, in McIntosh v. United States, appeal number 13-C-1073. McIntosh was fined $500.00 for
submitting frivolous papers to the Court of Appeals. The court directed that “until he pays that sum
in full to the Clerk of the Court of Appeals, McIntosh is barred from filing further civil suits in the
courts of this circuit in accordance with Support Sys. Int’l v. Mack, 45 F.3d 185 (7th Cir. 1995),
and any papers he submits will be returned unfiled. It is unclear from the language of the order
whether it applies to papers filed in civil cases that were already pending at the time the Court of
Appeals entered its order. Compare In re City of Chicago, 500 F.3d 582 (7th Cir. 2007)
(“Accordingly, IT IS ORDERED that the clerks of all federal courts in this circuit are directed to

return unfiled any papers submitted either directly or indirectly by or on behalf of Prince Foryoh
in this or any of his pending cases in this court or district courts unless and until he pays in full all
fees and costs from all of his federal suits.”) (citing Mack, 45 F.3d at 186.). If the Court of
Appeals’ Sanction Order does apply, McIntosh will have to pay the $500 before his brief can be
accepted for filing. Thus, while the court hereby approves the stipulation of the parties, McIntosh
will have to address the sanction before his brief can be accepted.
SO ORDERED this

13th

day of September, 2013.

s/ William C. Griesbach
William C. Griesbach, Chief Judge
United States District Court

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