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Manley v. Indiana Department of Correction

United States District Court, S.D. Indiana, Indianapolis Division

September 12, 2018

JAMES E. MANLEY, Plaintiff,
v.
INDIANA DEPARTMENT OF CORRECTION, et al., Defendants.

          ENTRY DENYING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS, DISMISSING COMPLAINT, AND DIRECTING FURTHER PROCEEDINGS

          SARAH EVANS BARKER, JUDGE

         This 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.

         I. Motion for Leave to Proceed In Forma Pauperis

         Mr. 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).

         Mr. 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.”

         In 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 strikes:

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 granted.”)
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)

         Mr. 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).

         As for this action, Mr. Manley's motion for leave to proceed in forma pauperis, dkt. [4], is denied. The Court will direct further proceedings regarding payment of the filing fee in Part III of this Order.

         II. ...


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