Rendelman v. Neumann et al
| Scott Lewis Rendelman |
| Milton Neumann and Kelly |
| 3:2011cv00245 |
| March 30, 2011 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| Williamson |
| Michael J. Reagan |
| Civil Rights |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
17
ORDER DISMISSING CASE with prejudice for failure to state a claim upon which relief may be granted. Plaintiff is advised that this dismissal shall count as one of his allotted strikes under the provisions of 28 U.S.C. § 1915(g). Because two of Plaintiffs previously-filed lawsuits have also been dismissed pursuant to the Prison Litigation Reform Act (PLRA) for failure to state a claim upon which relief may be granted, the dismissal of this case gives Plaintiff his third strike. Accordingl y, if Plaintiff seeks to file any future civil action, he will no longer be eligible to pay the filing fee in installments using the in forma pauperis provisions of §1915(a) and (b), unless he can establish that he is under imminent danger of se rious physical injury. 28 U.S.C. § 1915(g). If Plaintiff cannot make the necessary showing of imminent physical danger, he shall be required to pre-pay the full filing fee for any future lawsuit he may file while incarcerated or face dismissal of the suit. Plaintiffs obligation to pay the filing fee for this action was incurred at the time the action was filed; thus, the filing fee of $350 remains due and payable. Signed by Judge Michael J. Reagan on 1/4/2012. (tjk)
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