United States District Court, N.D. Indiana, Fort Wayne Division
Michael A. Nolt, Plaintiff,
Hertz Enterprise Car Rental, et al., Defendants.
OPINION AND ORDER
S. VAN BOKKELEN UNITED STATES DISTRICT JUDGE
A. Nolt, a pro se prisoner, filed a complaint and seeks leave
to proceed in forma pauperis. However, Nolt is barred from
proceeding in forma pauperis pursuant to 28 U.S.C. §
1915(g). This is commonly known as the “Three Strikes
Rule” and Nolt has four strikes. An inmate who has
struck out, “can use the partial prepayment option in
§1915(b) only if in the future he ‘is under
imminent danger of serious physical injury.'”
Abdul-Wadood v. Nathan, 91 F.3d 1023, 1025 (7th Cir.
1996). In order to meet the imminent danger standard, the
threat complained of must be real and proximate.
Ciarpaglini v. Saini, 352 F.3d 328, 330 (7th Cir.
2003). Only “genuine emergencies” qualify as a
basis for circumventing § 1915(g). Lewis v.
Sullivan, 279 F.3d 526, 531 (7th Cir. 2002).
case, Nolt is attempting to sue Hertz Enterprise Car Rental
and its employees for cooperating with law enforcement
officials. Nolt alleges they provided the description of a
vehicle he rented in October 2015. As a result, he was
arrested and subsequently convicted in Nebraska. The claims
raised in this case do not allege that Nolt is in imminent
danger of serious physical injury.
Nolt filed an in forma pauperis petition, even though he
he had struck out. The Seventh Circuit requires that
litigants be restricted when they attempt to
“bamboozle” the court by seeking to proceed in
forma pauperis after they have been informed that they are
barred from doing so.
Litigants to whom § 1915(g) applies take heed! An effort
to bamboozle the court by seeking permission to proceed in
forma pauperis after a federal judge has held that §
1915(g) applies to a particular litigant will lead to
immediate termination of the suit. Moreover, the fee remains
due, and we held in Newlin v. Helman, 123 F.3d 429,
436-37 (7th Cir. 1997), that unpaid docket fees incurred by
litigants subject to § 1915(g) lead straight to an order
forbidding further litigation. Sloan's appeal is
dismissed for failure to pay the appellate filing and docket
fees. Until Sloan has paid in full all outstanding fees and
sanctions in all civil actions he has filed, the clerks of
all courts in this circuit will return unfiled all papers he
tenders. This order does not apply to criminal cases or
petitions challenging the terms of his confinement, and may
be reexamined in two years under the approach of
Newlin and Support Systems International, Inc.
v. Mack, 45 F.3d 185 (7th Cir. 1995).
Sloan v. Lesza, 181 F.3d 857, 859 (7th Cir. 1999).
this case will be dismissed, the filing fee assessed, and
Nolt restricted until he has paid in full all outstanding
filing fees and sanctions imposed by any federal court. The
restriction imposed by this order does not restrict him from
filing a notice of appeal nor “impede him from making
any filings necessary to protect him from imprisonment or
other confinement, but . . . [it does] not let him file any
paper in any other suit . . . until he pays the money he
owes.” Support Sys. Int'l v. Mack, 45 F.3d
185, 186 (7th Cir. 1995).
these reasons, the court:
DENIES the in forma pauperis motion (DE 2);
Michael A. Nolt, Nebraska DCS
# 85129, Arizona DOC # 089621
DIRECTS the clerk of court to create a ledger for receipt of
DIRECTS the clerk of court to note on the docket of this case
any attempted ...