YOUNG v. SEVIER

• Court: District Court, S.D. Indiana
• Decided: May 7, 2020
• Docket: 1:20-cv-00761
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION

DAVID YOUNG, ) ) Plaintiff, ) ) v. ) No. 1:20-cv-00761-JPH-TAB ) MARK SEVIER, et al. ) ) Defendants. )

ORDER DENYING MOTIONS FOR LEAVE TO PROCEED IN FORMA PAUPERIS, NOTIFYING PLAINTIFF OF THREE "STRIKES," AND DIRECTING FURTHER PROCEEDINGS

As a prisoner at New Castle Correctional Facility, Plaintiff David Young's motions for leave to proceed in forma pauperis are governed by 28 U.S.C. § 1915(g). "In no event shall a prisoner bring a civil action" in forma pauperis if he 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." Id. An exception applies if the plaintiff "is under imminent danger of serious physical injury." Id. Mr. Young has accumulated at least three "strikes" for purposes of § 1915(g) and is therefore ineligible to proceed in forma pauperis. Pursuant to Evans v. Illinois Department of Corrections, 150 F.3d 810 (7th Cir. 1998), the Court notifies Mr. Young that it has relied on the following cases in finding that he has struck out: • Jewish v. New Castle Corr. Facility Staff, No. 1:19-02266-SEB-MJD (S.D. Ind. Sept. 5, 2019) (dismissing action for failure to state a claim upon which relief may be granted). • Young v. Trump, et al., No. 1:20-0624-SEB-TAB (S.D. Ind. Mar. 18, 2020) (dismissing action for failure to state a claim upon which relief may be granted). e Young v. Dr. Pepper, et al., No. 1:20-cv-00911-TWP-DML (S.D. Ind. Apr. 27, 2020) (dismissing action as frivolous). Having accumulated three strikes, Mr. Young may not proceed without prepaying the filing fee unless he is under imminent danger of serious physical injury. Mr. Young has not attempted to show an imminent danger of serious physical injury in either of his motions for leave to proceed in forma pauperis. Accordingly, Mr. Young's motions for leave to proceed in forma pauperis, dkts. [2] and [5], are DENIED. Mr. Young shall have through June 5, 2020, to pay the $400 filing fee for this action. Failure to do so in the time provided may result in the dismissal of this action without further warning or opportunity to show cause. SO ORDERED. Date: 5/7/2020

Slam ruck lbanlove James Patrick Hanlon United States District Judge Distribution: Southern District of Indiana DAVID YOUNG 27-0347 NEW CASTLE - CF NEW CASTLE CORRECTIONAL FACILITY - Inmate Mail/Parcels 1000 Van Nuys Road NEW CASTLE, IN 47362