Schuett, Clifford v. Attorney General et al

Filing 7

ORDER denying 2 Motion for Leave to Proceed in forma pauperis ($400 Filing Fee due 11/6/2014); denying 6 Motion to Stop Mail Interference. Signed by District Judge William M. Conley on 10/7/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
CLIFFORD SCHUETT,
Plaintiff,

ORDER
l 4-cv-63 7-wmc

v.

WISCONSIN ATTORNEY GENERAL, et al.,
Defendants.

Prison inmate Clifford Schuett ( #01930-046) has filed a complaint against the
Wisconsin Attorney General's Office under 42 U.S.C. § 1983, alleging employment
discrimination.

Schuett seeks leave to proceed with his claims without prepayment of the

filing fee and he has also submitted a motion for a court order compelling the warden at the
Nevada Southern Detention Center to stop interfering with his mail. These motions will be
denied for reasons outlined briefly below.
Court records reflect that Schuett has filed at least 77 previous lawsuits nationally,
including a dozen recent complaints similar to the one pending here in the Western District
of Wisconsin. At least two other courts have already rejected Schuett's complaint as legally
frivolous or for failure to state a claim. See Schuett v. U.S. Attornry General, No. 14-cv-3101
(N.D. Ga. Sept. 30, 2014); Schuett v. Attornry General of Cal., No. 14-cv-6794 (C.D. Cal. Sept.
26, 2014).
Apart from these recent lawsuits, it further appears that Schuett already has at least
three strikes against him for purposes of 28 U.S.C. § l 915(g) for filing frivolous lawsuits. See
Schuett v. Governor, State

of Hawaii,

No. 14-cv-374 (D. Hawaii Oct. 1, 2014) (listing three

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strikes and directing Schuett to show cause within thirty days why the complaint should not
be dismissed pursuant to 28 U.S.C. § 1915(g)).

Schuett does not establish that his mail has been interfered with in any material
respect or that his right to access the courts has been abridged in any way. Accordingly, his
motion to stop mail interference will be denied. Further, based on Scheutt's record of filing
repetitive, non-meritorious lawsuits, Schuett's motion for leave to proceed in Jonna pauperis in
this case will also be denied at this time. Thus, for this lawsuit to proceed Schuett must pay
the full amount of the filing fee within thirty days.

ORDER
IT IS ORDERED that:
1. Schuett's motion to stop mail interference (dkt. # 6) is DENIED.

2. Schuett's motion for leave to proceed in Jonna pauperis (dkt. # 2) is also
DENIED.
3. For this case to proceed, Schuett must pay the full amount of the filing fee
($400) within thirty days of the date of this order. Schuett's failure to comply
as directed will result in the dismissal of this lawsuit without further notice
pursuant to Fed. R. Civ. P. 41 (b ).
Entered this 7th day of October, 2014.
BY THE COURT:

Isl
WILLIAM M. CONLEY
District Judge

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