United States District Court, S.D. Indiana, Indianapolis Division
JAMES E. MANLEY, Plaintiff,
INDIANA DEPARTMENT OF CORRECTION, et al., Defendants.
ENTRY DENYING MOTION FOR LEAVE TO PROCEED IN FORMA
PAUPERIS, DISMISSING COMPLAINT, AND DIRECTING FURTHER
EVANS BARKER, JUDGE
matter is before the Court for resolution of Plaintiff James
Manley's motion for leave to proceed in forma
pauperis and of several issues related to his complaint.
Motion for Leave to Proceed In Forma Pauperis
Manley is a prisoner confined at the New Castle Correctional
Facility (NCCF). Mr. Manley has moved for leave to proceed
in forma pauperis. However, a court may not grant a
prisoner leave to proceed in forma pauperis
if the prisoner has, on 3 or more prior occasions, while
incarcerated or detained in any facility, brought an action
or appeal in a court of the United States that was dismissed
on the grounds that it is frivolous, malicious, or fails to
state a claim upon which relief may be granted, unless the
prisoner is under imminent danger of serious physical injury.
28 U.S.C. § 1915(g).
Manley has accumulated at least three “strikes”
for purposes of § 1915(g) and therefore may not proceed
in forma pauperis unless he “is under imminent
danger of serious physical injury.”
Evans v. Illinois Department of Corrections, 150
F.3d 810 (7th Cir. 1998), it was noted that a
prisoner-litigant in these circumstances is entitled to know
the cases the Court relies on when making the three-strikes
determination. The Court has relied on the following cases in
finding that Mr. Manley has accumulated at least three
• Manley v. State of Indiana, No.
3:00-cv-00022-RLM (N.D. Ind. May 25, 2000) (dismissing case
for failure to state a claim)
• Manley v. Monroe Cnty. Prosecutor, No.
1:14-cv-00097-JMS-DKL (S.D. Ind. Feb. 11, 2014)
(“Manley's complaint is dismissed as a matter of
law for failure to state a claim upon which relief can be
• Manley v. Miller, No.
1:16-3307-cv-03307-JMS-MPB (S.D. Ind. Mar. 20, 2017)
(granting defendant's motion to dismiss for failure to
state a claim upon which relief may be granted)
Manley is now on notice of his three strikes and the fact
that 28 U.S.C. § 1915(g) applies to him. If Mr. Manley
seeks again to proceed in forma pauperis in
circumstances under which he is not facing “imminent
danger of serious physical injury, ” his action will be
immediately terminated pursuant to Sloan v. Lesza,
181 F.3d 857, 859 (7th Cir. 1999).
this action, Mr. Manley's motion for leave to proceed
in forma pauperis, dkt. , is
denied. The Court will direct further
proceedings regarding payment of the filing fee in Part III
of this Order.