PEACHER v. BODKIN et al
| R. PEACHER |
| L. BODKIN and J. MILLER |
| 1:2022cv01185 |
| June 10, 2022 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| Sarah Evans Barker |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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| Document Text |
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Filing 7
ORDER - DENYING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS AND TREATING MOTION TO DISMISS AS NOTICE OF DISMISSAL; Plaintiff R. Peacher filed this civil rights action on June 10, 2022, alleging that defendant Bodkin filed a false disciplinary report against him in retaliation for a grievance he filed, and that defendant Miller found him guilty of the false charge also in retaliation for the grievance. Mr. Peacher is a prisoner who has filed at least three suits or appeals which have been dismissed as frivolous, malicious, or for failure to state a claim. On June 20, 2022, in Peacher v. Goodnight, et al., 1:22-cv-00908-JPH-DML (S. D. Ind.), Mr. Peacher was notified of the three cases the Court relied on in determining that he had struck out.This renders him ineligible to proceed in forma pauperis. 28 U.S.C. 1915(g). The narrow exception to the barrier created by 1915(g)--where a prisoner alleges that he "is under imminent danger of serious physical injury"--does not apply to the allegations in the complaint. Therefore, his motion for leave to proceed in forma pauperis, dkt. #3 , is denied. Mr. Peacher's motion to withdraw his complaint, dkt. #6 , is treated as a notice of dismissal. No judgment is required under these circumstances. The clerk is directed to terminate the motion at dkt. #6 and close this action on the docket. Signed by Judge Sarah Evans Barker on 6/24/2022. (CKM)
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| Filing 6 MOTION to Withdraw Compliant #1 or Dismiss, filed by Plaintiff R. PEACHER. (CKM) |
| Filing 5 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. (MEH) |
| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JSR) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff R. PEACHER. (JSR) |
| Filing 2 COMPLAINT against L. BODKIN, J. MILLER, filed by R. PEACHER. (No fee paid with this filing) (JSR) |
| Filing 1 CONSENT to Prisoner E-Service by R. PEACHER located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by R. PEACHER to the court for filing will generate a Notice of Electronic Filing that will constitute official service upon registered users of CM/ECF. If any parties to the case are not registered CM/ECF users, the Clerk of the Court will mail the document via U.S. Postal Service on behalf of the inmate. NOTE: The E-Filing Program does not affect the obligation of other parties to serve copies of documents in accordance with the Federal Rules of Civil Procedure. (JSR) |
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