Mikeal Stine v. J. Krueger, et al
| J. DODGE, J. E. KRUEGER, Warden, T. J. WATSON, Warden, A. SPRINGER and JOHN O'BRIEN |
| MIKEAL G. STINE |
| 19-1821 |
| April 29, 2019 |
| U.S. Court of Appeals, Seventh Circuit |
| Other |
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Filing 10
ORDER re: Motion to proceed in forma pauperis, which this court construes as a motion to reconsider its order of May 21, 2019. IT IS ORDERED that the motion is DENIED. The appellant shall pay the required docketing fees within 14 days or else this appeal shall be dismissed for failure to prosecute pursuant to Circuit Rule 3(b). See Newlin v. Helman, 123 F.3d 429, 434 (7th Cir. 1997). [10] [7008134] RFG [19-1821] Sent Certified Mail. Receipt Number: 7017 2680 0001 1550 0276. [10] [7008134] f [19-1821] (AG) [Entered: 05/30/2019 03:41 PM]
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| Filing 9 Filed prisoner trust fund account statement by Appellant Mikeal G. Stine. [9] [7006879] [19-1821] (ER) [Entered: 05/23/2019 03:31 PM] |
| Filing 8 Filed Appellant Mikeal G. Stine Memorandum In Support of PLRA Motion for Leave to Proceed on Appeal In Forma Pauperis. [8] [7006877] [19-1821] (ER) [Entered: 05/23/2019 03:30 PM] |
| Filing 7 Prose affidavit accompanying motion filed by Appellant Mikeal G. Stine to proceed on appeal in forma pauperis. [7] [7006875] [19-1821] (ER) [Entered: 05/23/2019 03:29 PM] |
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Filing 6
ORDER re: Emergency Verified Motion for De Nova Review with Expedited Consideration Due Imminent Danger, which this court construes in part as a motion for leave to proceed in forma pauperis. [ # 4 ] Appellant Mikeal Stine has filed papers explaining his disagreement with the district court's ruling and seeking transfer to another prison. But this appeal is subject to the Prison Litigation Reform Act and all proceedings are suspended pending the assessment and payment of any necessary fees. See Newlin v. Helman, 123 F.3d 429, 434 (7th Cir. 1997). Accordingly, his request for a transfer and for other relief is DENIED. Turning to Stine's fee status, a review of this case indicates that he is not permitted to proceed in forma pauperis under 28 U.S.C. 1915(g). The district court properly determined that, on three or more prior occasions, the appellant has brought an action that was dismissed on the grounds that it is frivolous or fails to state a claim upon which relief may be granted. Robinson v. Powell, 297 F.3d 540, 541 (7th Cir. 2002). In this case, the appellant has not demonstrated imminent danger of a serious physical injury pursuant to 1915(g). See Taylor v. Watkins, 623 F.3d 483 (7th Cir. 2010). Accordingly, the motion for leave to proceed on appeal in forma pauperis is DENIED. See 28 U.S.C. 1915(g). Stine shall pay the required docketing fee by June 12, 2019, or this appeal will be dismissed for failure to prosecute pursuant to Circuit Rule 3(b). If he pays the required fee, Stine may reprise his arguments that the district court erred. Sent Certified Mail. Receipt Number: 7016 0340 0001 1333 6954. [6] [7006272] RFG [19-1821] (AD) [Entered: 05/21/2019 04:39 PM]
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| Filing 5 Filed District Court order DENYING Appellant Mikeal G. Stine leave to proceed on appeal in forma pauperis. Date IFP denied: 05/10/2019. [5] [7004242] PLRA Fee/Motion/Memorandum due on 06/12/2019. [19-1821] (DSL) [Entered: 05/13/2019 03:09 PM] |
| Filing 4 Statement to the Court by Appellant Mikeal G. Stine requesting various forms of relief. [4] [7003478] [19-1821] (AG) [Entered: 05/09/2019 10:08 AM] |
| Filing 3 This is notification that no appellee(s) or counsel for the appellee(s) were served in the District Court. [3] [7001080] (Note: The Office of the IN Attorney General has been notified of the filing of the appeal.) [19-1821] (AG) [Entered: 04/29/2019 12:14 PM] |
| Filing 2 THIS CAUSE CONSISTS OF MORE THAN 5 PARTIES FOR EITHER SIDE. The following are those parties to this cause as reflected on the District Court docket, yet are not reflected on the Appellate docket/caption for administrative purposes: APPELLEES: Underwood, Shoemaker, John and Jane Does, Federal Bureau of Prisons, H. Hurwitz, USP Terre Haute Food Service, and USP-Terre Haute/ Health Services Division and Unknown Doctors and Physicians Assistants. [2] [7001078] [19-1821] (AG) [Entered: 04/29/2019 12:12 PM] |
| Filing 1 Federal prisoner's civil rights case docketed. IT IS ORDERED that this appeal is subject to the Prison Litigation Reform Act. Proceedings are SUSPENDED pending notification by the district court that any necessary fee has been assessed, and if assessed, paid. PLRA Fee due. Docketing Statement due for Appellant Mikeal G. Stine by 05/03/2019. PLRA Fee/Motion/Memorandum due on 05/29/2019. Transcript information sheet due by 05/13/2019. [1] [7001073] [19-1821] (AG) [Entered: 04/29/2019 12:01 PM] |
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