Sanders, Quordalis v. Wisconsin Department of Corrections et al

Filing 7

ORDER denying 5 Motion for Reconsideration. To proceed with his claims, Sanders must submit the full filing fee of $400 by November 3, 2017. Signed by District Judge William M. Conley on 10/4/2017. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

QUORDALIS SANDERS,
Plaintiff,

ORDER

v.
15-cv-808-wmc
WISCONSIN DEPARTMENT OF
CORRECTIONS SEX OFFENDER
REGISTRY PROGRAM, and
KATIE MEARS,
Defendants.

Pro se plaintiff Quordalis Sanders is a state inmate incarcerated by the Wisconsin
Department of Corrections at the Waupun Correctional Institution (“WCI”). Sanders
filed this proposed civil action pursuant to 42 U.S.C. § 1983, alleging that he has been
illegally convicted of two counts of second degree sexual assault and complaining that he
must wear a global positioning system (“GPS”) for the rest of his life. However, the court
denied him leave to proceed due to the “three-strikes rule” found at 28 U.S.C. § 1915(g),
of the Prison Litigation Reform Act (“PLRA”), which provides that a prisoner is not allowed
to bring a civil action in forma pauperis in federal court if, while imprisoned, three or more
of his civil actions or appeals have been dismissed as frivolous, malicious, or for failure to
state a claim upon which relief may be granted. (June 21, 2017, Order, dkt. #4.) In
denying him leave to proceed, the court pointed out that while imprisoned, Sanders has
filed at least three previous civil actions that were dismissed as frivolous or for failure to
state a claim. As such, the court concluded that Sanders cannot proceed in forma pauperis
because of his “three-strike” status and his allegations did not fall under the exception to

the rule, which permits a plaintiff in Sanders’ position to proceed upon a showing that he
is in imminent danger of serious physical injury. See 28 U.S.C. § 1915(g). Sanders seeks
reconsideration of that order (dkt. #5), which the court is denying.
In his motion, Sanders claims that the court abused its discretion in denying him
leave to proceed in forma pauperis. However, Sanders fails to allege facts suggesting that he
currently is in imminent danger. Instead, he claims that his criminal charges from 2016
arising from his failure to register as a sex offender violate his “constitutional rights,” with
no specific allegations suggesting that those violations relate to a current risk of serious
physical harm. For that reason, I am denying the motion. Accordingly, Sanders may not
proceed with this action without prepayment of the full $400 filing fee under § 1915(g).
ORDER
IT IS ORDERED that Quordalis Sanders’ motion for reconsideration (dkt. #5) is
DENIED. To proceed with his claims, Sanders must submit the full filing fee of $400 by
November 3, 2017. If he fails to comply as directed within the time allowed, this case
will be dismissed without further notice pursuant to Fed. R. Civ. P. 41(b).

Entered this 4th day of October, 2017.
BY THE COURT:
/s/
________________________________________
WILLIAM M. CONLEY
District Judge

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