Sanders v. Boeck et al

Filing 96

ORDER signed by Magistrate Judge William E Duffin on 10/27/2015. WHEREFORE, IT IS HEREBY ORDERED that that the plaintiffs motion for leave to proceed in forma pauperis on appeal is DENIED. IT IS ALSO ORDERED that by November 10, 2015, the plaintif f shall forward to the Clerk of Court the sum of $505.00 as the full filing fee in this appeal. The plaintiff's failure to comply with this order will result in dismissal of this appeal. The payment shall be clearly identified by the case name and number assigned to this action (cc: all counsel, plaintiff, Warden)(asc)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
QUORDALIS V. SANDERS,
Plaintiff,
v.

USDC Case No. 14-CV-293
USCA Case No. 15-2791

PETER BOECK and
SCOTT M. KELAND,
Defendants.

ORDER

On August 14, 2015, the court issued an order dismissing this action. Plaintiff
Quordalis V. Sanders appealed and requested leave to proceed in forma pauperis on
appeal. On September 10, 2015, the court granted Sanders’s request. On October 27,
2015, the Seventh Circuit Court of Appeals remanded the case to this court for the
limited purpose of considering whether the grant of leave to proceed in forma pauperis
was appropriate.
The court concludes that Sanders’s request for leave to proceed in forma pauperis
should have been denied. Further review of this case reveals that Sanders incurred his
third “strike” under 28 U.S.C. § 1915(g) on June 27, 2003. As such, he may not proceed

in forma pauperis on appeal unless he meets the imminent danger exception, which he
does not.
Sanders incurred the filing fee by filing the notice of appeal. Newlin v. Helman,
123 F.3d 429, 433-34 (7th Cir. 1997), rev’d on other grounds by, Walker v. O’Brien, 216 F.3d
626 (7th Cir. 2000) and Lee v. Clinton, 209 F.3d 1025 (7th Cir. 2000). Because the court is
denying Sanders’ request to proceed in forma pauperis on appeal, he must pay the full
filing fee of $505.00 within fourteen days of this order or his appeal will be dismissed.
Seventh Circuit Rule 3(b); Newlin, 123 F.3d at 433-34.
WHEREFORE, IT IS HEREBY ORDERED that that the plaintiff’s motion for
leave to proceed in forma pauperis on appeal is DENIED.
IT IS ALSO ORDERED that by November 10, 2015, the plaintiff shall forward to
the Clerk of Court the sum of $505.00 as the full filing fee in this appeal. The plaintiff's
failure to comply with this order will result in dismissal of this appeal. The payment
shall be clearly identified by the case name and number assigned to this action.
IT IS FURTHER ORDERED that copies of this order be sent to the warden of
the institution where the plaintiff is confined, and to PLRA Attorney, United States
Court of Appeals for the Seventh Circuit, 219 S. Dearborn Street, Rm. 2722, Chicago,
Illinois 60604.

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Dated at Milwaukee, Wisconsin this 27th day of October, 2015.

WILLIAM E. DUFFIN
U.S. Magistrate Judge

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