Maxie v. Rehak, No. 3:2017cv00935 - Document 3 (N.D. Ind. 2017)

Court Description: OPINION AND ORDER denying 2 MOTION for Leave to Proceed in forma pauperis. Michael Maxie is GRANTED until 1/11/2018 to pay the $400 filing fee and is CAUTIONED that if the fee is not paid by that date, this case will be dismissed without further notice. Signed by Judge Jon E DeGuilio on 12/18/17. (Copy mailed to pro se party)(ksp)

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Maxie v. Rehak Doc. 3 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION MICHAEL A. MAXIE, Plaintiff, vs. MICHAEL REHAK, Defendant. ) ) ) ) ) ) ) ) ) CAUSE NO. 3:17-CV-935 JD OPINION AND ORDER Michael A. Maxie, a prisoner without an attorney, filed a complaint with a motion asking to proceed in forma pauperis. However, Maxie is barred from proceeding in forma pauperis by 28 U.S.C. § 1915(g). This is commonly known as the “Three Strikes Rule” and Maxie has accumulated four strikes: (1) Maxie v. Schneieer, 3:13-CV-848 (N.D. Ind. filed August 19, 2013). Case dismissed on September 4, 2013, pursuant to 28 U.S.C. § 1915A as malicious; (2) Maxie v. Doe, 3:13-CV-1278 (N.D. Ind. filed November 29, 2013). Case dismissed on February 26, 2014, pursuant to 28 U.S.C. § 1915A for failure to state a claim ; (3) Maxie v. Levenhagen, 3:13-CV-1279 (N.D. Ind. filed November 29, 2013). Case dismissed on May 1, 2014, pursuant to 28 U.S.C. § 1915A for failure to state a claim; (4) Maxie v. Wilson, 3:13-CV-1021 (N.D. Ind. filed September 23, 2013). Case dismissed on May 2, 2014, pursuant to 28 U.S.C. § 1915A for failure to state a claim. An inmate with three or more strikes “can use the partial prepayment option in § 1915(b) only if in the future he ‘is under imminent danger of serious physical injury.’” Abdul-Wadood v. Nathan, 91 F.3d 1023, 1025 (7th Cir. 1996). In order to meet the imminent danger standard, the Dockets.Justia.com threat complained of must be real and proximate. Ciarpaglini v. Saini, 352 F.3d 328, 330 (7th Cir. 2003). Only “genuine emergencies” qualify as a basis for circumventing § 1915(g). Lewis v. Sullivan, 279 F.3d 526, 531 (7th Cir. 2002). In this case, Maxie is suing his public defender for $800,000.00 for not properly representing him in his current State court criminal proceedings. There are no allegations of imminent danger of serious physical injury. Thus, he may not proceed in forma pauperis and must pay the $400 filing fee to continue with this case. For these reasons, Michael A. Maxie is GRANTED until January 11, 2018, to pay the $400 filing fee; and CAUTIONED if the fee is not paid by that date, this case will be dismissed without further notice. SO ORDERED. ENTERED: December 18, 2017 /s/ JON E. DEGUILIO Judge United States District Court 2

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