MCCLAIN v. DICKERSON

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION JOE HOWARD MCCLAIN, ) ) Plaintiff, ) ) v. ) No. 2:20-cv-00430-JPH-MJD ) MELODEE SUE DICKERSON, ) JUDY PYNE Det., ) DENNIS ALEXANDER, ) EDWARD BECK, ) ) Defendants. ) ORDER DIRECTING RETURN OF DOCUMENTS AND CLOSING CASE On August 26, 2020 Joe Howard McClain filed a complaint seeking this Court to "terminate" his charges and "pay [him] for 44-years of incarceration" because Defendants knew they had "violated federal and state constitutional law and amendments." Dkt. 1. On April 10, 2012, the Seventh Circuit sanctioned Mr. McClain for his repeated frivolous filings. See McClain v. Wilson, No 12–1766 (7th Cir. Apr. 10, 2012). That order instructs that Mr. McClain "is barred from filing further civil suits in the courts of this circuit" until he has paid a $500 fine. Id. (citing Support Systems International v. Mack, 45 F.3d 185 (7th Cir. 1995)). Mr. McClain has not alleged that this fine has been paid or that this restriction has been lifted. This action was therefore improvidently opened in contravention of the filing restriction. Accordingly, the clerk is directed send a copy all documents in this action to the petitioner as unfiled and void any file stamp from this Court on the documents. The clerkis directed to close this action on the docket. No final judgment shallissue because no claims were adjudicated in this action. SO ORDERED. Date: 8/28/2020 Sjamu Patrick hawlove James Patrick Hanlon United States District Judge Southern District of Indiana

Distribution: JOE HOWARD MCCLAIN 14421 WABASH VALLEY - CF WABASH VALLEY CORRECTIONAL FACILITY - Inmate Mail/Parcels 6908 S. Old US Hwy 41 P.O. Box 1111 CARLISLE, IN 47838