GRIFFIN v. VICTOR
| DALE L. GRIFFIN |
| VICTOR |
| 1:2021cv00378 |
| February 17, 2021 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| James R Sweeney |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on March 23, 2021. A more recent docket listing may be available from PACER.
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Filing 8
CLOSED JUDGMENT. Final Judgment - The Court, having made its Order directing the entry of final judgment, now enters FINAL JUDGMENT. This action is dismissed without prejudice. (Copy to Defendant via U.S. mail) Signed by Judge James R. Sweeney II on 3/23/2021.(JDC)
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Filing 7
Order Denying Motion to Reconsider and Dismissing Action - Plaintiff Dale Griffin filed a civil rights complaint on February 18, 2021, and moved for leave to proceed in forma pauperis. Dkts. 1-2. The Court denied his motion, advising him that he was ineligible to proceed in forma pauperis because he had accumulated three "strikes" under 28 U.S.C. 1915(g). Dkt. 5. The Court allowed Mr. Griffin through March 12, 2021, in which to pay the $402.00 filing fee. Mr. Griffin filed a motion to reconsider, dkt. #6 , asking the Court to waive the filing fee because he does not have sufficient funds to pay it. Mr. Griffin does not argue that he should be allowed to proceed in forma pauperis despite his strikes due to being "under imminent danger of serious physical injury." 28 U.S.C. 1915(g). The "imminent danger" provision of 1915(g) is the only exception to the in forma pauperis ban, and this Court does not have the authority to create another exception. Accordingly, the motion to reconsider, dkt. #6 , is denied, and this action is dismissed for failure to pay the filing fee. Judgment consistent with this Order shall now issue. (Copy to Plaintiff via U.S. mail) Signed by Judge James R. Sweeney II on 3/23/2021. (JDC)
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| Filing 6 MOTION for Reconsideration re #5 Order on Motion for Leave to Proceed in forma pauperis, filed by Plaintiff DALE L. GRIFFIN. (Attachments: #1 Envelope)(JDC) |
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Filing 5
ORDER denying #2 Motion for Leave to Proceed in forma pauperis because he is not eligible for that status in the circumstances of this case. Mr. Griffin shall have through March 12, 2021, in which to pay the $402.00 filing fee for this civil action. Failure to do so will result in dismissal of the action. (Copy to Plaintiff via U.S. mail) Signed by Judge James R. Sweeney II on 2/19/2021. (JDC)
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| Filing 4 NOTICE to Pro se Litigant - The following information is provided to pro se litigants to inform them about rules and procedures governing how they communicate with the Court. Copy distributed to Plaintiff via US mail. (TMC) |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff DALE L. GRIFFIN. (Attachments: #1 Exhibit - Certification of Inmate Trust Fund Account and history, #2 Envelope)(REO) |
| Filing 1 COMPLAINT against VICTOR, filed by DALE L. GRIFFIN. (No fee paid with this filing) (Attachments: #1 Exhibit - Parole documents, #2 Proposed Summons, #3 Envelope)(REO) |
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