Patterson v. Schott et al

Filing 7

ORDER signed by Judge J.P. Stadtmueller on 4/11/2017 DENYING 2 Plaintiff's Motion for Leave to Proceed Without Prepayment of the Filing Fee. Plaintiff must prepay the $400.00 filing fee within 21 days. Plaintiff's failure to do so or otherwise respond will result in dismissal of this action without prejudice or further notice. (cc: all counsel, via mail to Adrian Duran Patterson at Waupun Correctional Institution) (jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
ADRIAN DURAN PATTERSON,
Plaintiff,

Case No. 17-CV-444-JPS

v.
JOHN SCHOTT, MICHAEL
FLANNERY, ERIN TISCHER,
MATTHEW GADZALINSKI, and
JEFFREY PAUTZKE,

ORDER

Defendants.

Plaintiff, who is incarcerated at Waupun Correctional Institution, filed
a pro se complaint under 42 U.S.C. § 1983, alleging that his civil rights were
violated. (Docket #1). On March 27, 2017, he filed a motion for leave to
proceed in forma pauperis. (Docket #2). For the reasons stated below, that
motion must be denied.
As part of the Prison Litigation Reform Act (“PLRA”), if a prisoner
files more than three (3) actions or appeals which are dismissed as frivolous
or malicious or for failure to state a claim upon which relief can be granted,
the prisoner will be prohibited from bringing any other actions in forma
pauperis unless the prisoner is in imminent danger of serious physical injury.
28 U.S.C. § 1915(g). Commonly known as the “three-strikes” provision, a
prisoner is said to have struck out once he or she has accrued three dismissals
under this section.
Here, the Court finds that Plaintiff has already accrued at least three
strikes and should, therefore, be prohibited from proceeding in forma pauperis.

Plaintiff has received strikes in at least the following cases: (1) Patterson v.
Kliesmet, Case No. 96-CV-305, Docket #6 (E.D. Wis.); (2) Patterson v.
Wauwatosa Police Dep’t, Case No. 96-CV-747, Docket #5 (E.D. Wis.); and (3)
Patterson v. Wisconsin Dep’t of Corr., Case No. 96-CV-748, Docket #5 (E.D.
Wis.). All three of these actions were dismissed in their entirety as frivolous
pursuant to Section 1915(g). See Turley v. Gaetz, 625 F.3d 1005, 1008–09 (7th
Cir. 2010) (holding that dismissal of an action on one or more of the three
grounds listed in Section 1915(g) incurs as a strike).
Having determined that Plaintiff has three strikes against him, the
Court turns to the consideration of whether he meets the exception for
“imminent danger of serious physical injury.” 28 U.S.C. § 1915(g). In his
complaint, Plaintiff alleges that police officers employed excessive force
against him during a stop of his vehicle and subsequent arrest. The stop
occurred in December 2012. Whatever harm might have befallen Plaintiff over
four years ago, Plaintiff does not allege that he is in imminent danger of
serious physical harm at the present time. As such, the Court will deny
Plaintiff’s motion to proceed in forma pauperis (Docket #2). Accordingly, in
order to proceed in this action, Plaintiff must prepay the $400.00 filing fee
and all other applicable fees and costs related to this action.
Accordingly,
IT IS ORDERED that Plaintiff’s motion to proceed in forma pauperis
(Docket #2) be and the same is hereby DENIED; and
IT IS FURTHER ORDERED that Plaintiff must prepay the $400.00
filing fee in this action within twenty-one (21) days from the date of this
Order. The Court cautions Plaintiff that the failure to pay the filing fee or

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otherwise respond to this Order will result in the dismissal of this action
without prejudice and without further notice.
Dated at Milwaukee, Wisconsin, this 11th day of April, 2017.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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