Taliaferro, Robert E. Jr. v. Hepp, Randall

Filing 8

ORDER that plaintiff Robert E Taliaferro is assessed a strike in accordance with 28 U.S.C. § 1915(g). Signed by District Judge Barbara B. Crabb on 5/15/2013. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ROBERT E. TALIAFERRO, JR.,
ORDER
Plaintiff,
12-cv-921-bbc
v.
RANDALL HEPP, OFFICER HALE
and CAPTAIN FOSTER,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In an order entered on May 9, 2013, I denied plaintiff Robert E. Taliaferro, Jr. leave to
proceed on his claim that defendants violated his rights under the First Amendment and
dismissed plaintiff’s complaint with prejudice for his failure to state a claim upon which relief
could be granted. The Court of Appeals for the Seventh Circuit held that "a strike is incurred
under § 1915(g) when an inmate's case is dismissed in its entirety based on the grounds listed in
§ 1915(g)," such as failure to state a claim upon which relief can be granted. Turley v. Gaetz, 625
F.3d 1005, 1012 (7th Cir. 2010). This point was not stated explicitly in the May 9 order, but
I will make it clear. Plaintiff has earned a strike for bringing this action.
Accordingly, IT IS ORDERED that plaintiff Robert E Taliaferro is assessed a strike in
accordance with 28 U.S.C. § 1915(g).
Entered this 15th day of May, 2013.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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