BELL v. MARION SUPERIOR COURT CRIMINAL DIVISION et al
| THOMAS PHILLIP BELL |
| CHRISTOPHER W. JAUSSAUD, MARION COUNTY PROSECUTOR'S OFFICE, RYAN MEARS and MARION SUPERIOR COURT CRIMINAL DIVISION |
| 1:2021cv01137 |
| May 6, 2021 |
| US District Court for the Southern District of Indiana |
| Sarah Evans Barker |
| Mark J Dinsmore |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 |
| None |
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This docket was last retrieved on May 13, 2021. A more recent docket listing may be available from PACER.
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| Filing 6 CLOSED JUDGMENT - The Court having this day made its Entry directing the entry of final judgment, this action is dismissed with prejudice. Copy to Plaintiff via U.S. Mail. Signed by Judge Sarah Evans Barker on 5/13/2021.(MAC) |
Filing 5
ORDER granting Plaintiff's #2 Motion for Leave to Proceed in forma pauperis. While in forma pauperis status allows the plaintiff to proceed without pre-payment of the $350.00 filing fee, the plaintiff remains liable for the full fees. Robbins v. Switzer, 104 F.3d 895, 898 (7th Cir. 1997) ("Unsuccessful litigants are liable for fees and costs and must pay when they are able."). No payment is due at this time. Plaintiff's Complaint must be dismissed. Ordinarily, the Court would give Plaintiff an opportunity to file an amended complaint before dismissal. See Luevano v. Wal-Mart Stores, Inc., 722 F.3d 1014, 1022 (7th Cir. 2013) ("Without at least an opportunity to amend or to respond to an order to show cause, an [in forma pauperis] applicant's case could be tossed out of court without giving the applicant any timely notice or opportunity to be heard to clarify, contest, or simply request leave to amend.") However, such an opportunity is not necessary "where it is certain from the face of the complaint that any amendment would be futile or otherwise unwarranted." Barry Aviation Inc. v. Land O'Lakes Mun. Airport Comm'n, 377 F.3d 682, 687 (7th Cir. 2004). The Court concludes that any amendment would be futile and leave to amend is unwarranted in this instance.Twice in the last month, Plaintiff has been reminded that the Court has the authority to restrict his ability to file actions and to assess fines against him for filing frivolous cases, and he may be sanctioned if he does not stop. See Bell v. Indiana University Natatorium Police Dept., 1:20-cv-03185-SEB-MPB (S.D. Ind. May 3, 2021); Bell v. United States of America, No. 1:21-cv-00779-RLY-TAB (S.D. Ind. Apr. 21, 2021). Plaintiff has already been warned that if he receives one more screening dismissal for failure to state a claim or on similar grounds, the matter of his filing practices will be referred to the Chief Judge of this Court for possible sanctions. Bell, No. 1:21-cv-00779-RLY-TAB (Dkt.15). Accordingly, the Clerk is directed to refer the matter of Thomas Phillip Bell's filing practices to the Chief Judge for whatever action she deems warranted. Final judgment will now issue DISMISSING THIS ACTION WITH PREJUDICE. (See Order). Copy to Plaintiff via U.S. Mail. Signed by Judge Sarah Evans Barker on 5/13/2021. (MAC)
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| Filing 4 CONSENT to Jurisdiction to US Magistrate Judge by THOMAS PHILLIP BELL. (CKM) |
| 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 THOMAS PHILLIP BELL. (REO) |
| Filing 1 COMPLAINT against CHRISTOPHER W. JAUSSAUD, MARION COUNTY PROSECUTOR'S OFFICE, MARION SUPERIOR COURT CRIMINAL DIVISION, RYAN MEARS, filed by THOMAS PHILLIP BELL. (No fee paid with this filing) (REO) |
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