THOMAS v. QUARRIER

• Court: District Court, S.D. Indiana
• Decided: April 8, 2024
• Docket: 1:23-cv-01952
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION

JOHN ERIC THOMAS, ) ) Plaintiff, ) ) v. ) No. 1:23-cv-01952-JPH-TAB ) QUARRIER, ) KATHLEEN M. SIMONE, ) NANCY EVETTE SPURGIN, ) S. EDMONDS, ) ) Defendants. )

ORDER RECONSIDERING AND RESCINDING IN FORMA PAUPERIS STATUS AND DIRECTING DISMISSAL OF ACTION

Plaintiff John Eric Thomas is an inmate at Pendleton Correctional Facility. He brings this action alleging that his constitutional rights were violated when he was subjected to excessive force in December 2021. Mr. Thomas has not paid the $402.00 filing fee in this action and instead moved for leave to proceed in forma pauperis. Dkt. 2. That motion was granted in error. John Eric Thomas has on three or more occasions had an action or appeal in a court of the United States dismissed on the grounds that it was frivolous, malicious or failed to state a claim upon which relief could be granted. Mr. Thomas has been informed that he has "struck out" under 28 U.S.C. § 1915 and cannot proceed in forma pauperis unless he is in imminent danger of physical injury. See e.g., Indiana Protection and Advocacy Services, et al., v. Commissioner of Indiana Department of Correction, No. 14-2455 at dkt. 19 (7th Cir. November 19, 2014) (finding appellant John Eric Thomas is not permitted to proceed in forma pauperis under § 1915(g)); Thomas v. Kolhouse, No. 12-3442 (7th Cir. Feb. 6, 2014) (same). Mr. Thomas's current complaint is based on allegations that he was subjected to excessive force in December 2021. It includes no allegations

suggesting that he is in imminent danger of physical injury. Thus, he cannot proceed in forma pauperis in this suit. In addition, Mr. Thomas did not notify the Court in his motion for leave to proceed in forma pauperis that he had struck out. See dkt. 2. As Mr. Thomas has already been informed, see Thomas, No. 2:10-cv-154-JMS-DML, dkt. 4 (S.D. Ind. June 16, 2010), this failure leads to the immediate termination of this action. See Sloan v. Lesza, 181 F.3d 857, 859 (7th Cir. 1999) ("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."). Accordingly, Mr. Thomas's motion to in forma pauperis status is rescinded and this action is dismissed with prejudice. Mr. Thomas's pending motions including his motions to impanel criminal grand jury proceedings, dkts. [5], [6], [8], [11], motion to subpoena witnesses, dkt. [13], motions for criminal investigation, dkts. [15], [16], [17], and motion to appoint counsel, dkts. [18] and [19], are all denied as moot given the dismissal

of this action. Judgment consistent with this Order shall now issue. SO ORDERED. Date: 4/8/2024 ams Pat tavbor— James Patrick Hanlon United States District Judge Southern District of Indiana

Distribution: JOHN ERIC THOMAS 137153 PENDLETON - CF PENDLETON CORRECTIONAL FACILITY Inmate Mail/Parcels 4490 West Reformatory Road PENDLETON, IN 46064