Titus Henderson v. Rick Raemisch et al

Filing 4

ORDER denying 3 Motion for Reconsideration. Signed by Chief Judge Barbara B. Crabb on 5/27/09. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------T IT U S HENDERSON, ORDER Plaintiff, 0 9 - cv -1 7 0 - b b c v. R I C K RAEMISCH, PETER HUIBREGTSE, G A R Y BOUGHTON, ELLEN RAY, T O M GOZINSKI, WELCOME ROSE, A M Y SMITH, HELLEN KENNEBECK, K AT H R Y N ANDERSON, LARRY PRIMMER, JA N A JUERGENS, MONICA HORNER, T RIS H A LANSING, NANCY SALMON, EL LEN RAY, C. BEERKIRCHER, T H O M A S TAYLOR, DAVID GARDNER, L T . BOISEN, BRIAN KOOL, TIM HAINES, C RA IG TOM, LT. HANFIELD, JOSH BROWN, H . BROWN, W. BROWN, SGT. FURER, C O NEIS, SGT. CARPENTER, S G T . BOARDMAN, SGT. BLOYER, C O II JONES, COII JOHNSON, CO HULCE, C O II KARNOPP, R. STARKEY, S G T . WALLACE, COII ECKT, COII EWING, D . ESSER, M. SCULLION, JEROMEY CAYA, JEN N IFER SICKINGER, JOAN WATERMAN, W EN D Y THOMPSON, SGT. TREFT, S G T . COOK and JOHN DOES, D efendan ts. ---------------------------------------------

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On April 1, 2009, I denied plaintiff Titus Henderson's request to proceed in forma pau peris under § 1915(g), finding that he was not in imminent danger at the time he filed th is lawsuit. I allowed him until April 22 to pay the filing fee in the amount of $350. B ecau se plaintiff failed to pay the filing fee, his case was closed on April 29, 2009. O n May 18, 2009, I received a letter from plaintiff dated May 11, 2009, referring to a motion for reconsideration that he filed in April 2009. Because his motion was not received by the court, I will consider plaintiff's letter as a motion for reconsideration of my April 1, 2009 order finding that he was not in imminent danger. In his motion, plaintiff states, "You claim that my life is not in imminent danger because of retaliation in hope that WSPF carry out and complete my death and to continue their torture because I `m challenging your bogus decisions." This accusation is unfounded. A s I stated in my previous order, the events giving rise to this action ended in January 2009 w hen prison doctors prescribed medication for plaintiff. Therefore, plaintiff has not alleged that he was in imminent danger on March 23, 2009 when he filed this complaint. Plaintiff's m otion for reconsideration will be denied.

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OR DER IT IS ORDERED that plaintiff's motion for reconsideration , dkt. #3 is DENIED. E n tered this 27t h day of May, 2009. B Y THE COURT: /s/ B AR B AR A B. CRABB D istrict Judge

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