BRISCOE v. BARATZ ( 2020 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION THEODORE BRISCOE, JR., ) ) Plaintiff, ) ) v. ) No. 1:20-cv-02912-JPH-MPB ) ARNOLD P. BARATZ Deputy P.D., 27619, ) KIMBERLY SEXTON Marion Co. ) Prosecutor, ) MATTHEW MINNIS Officer, 40190 IMPD, ) CRAIG SOLOMAN Officer 31735, IMPD, ) BRIAN WILLS Officer, ) LINDA BAILEY Officer (crime lab), ) ) Defendants. ) ENTRY DISCUSSING FILING FEE Plaintiff, Theodore Briscoe Jr., has not paid the $400 filing fee prescribed by Congress. See 28 U.S.C. § 1914(a). He also appears to have "struck out" under 28 U.S.C. § 1915(g). That statute "prohibits a prisoner from proceeding [in forma pauperis] if, on three or more occasions during his imprisonment, he has 'brought an action . . . that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted." Turley v. Gaetz, 625 F.3d 1005, 1006 (7th Cir. 2010). The "sole statutory exception" is if "the prisoner is under imminent danger of serious physical injury." Id. Mr. Briscoe has not alleged imminent danger, and he has had three prior cases dismissed for failure to state a claim. 1) Briscoe v. Pretorius, et al., No. 1:18-cv-04070-JPH-TAB (S.D. Ind. July 16, 2019) (dismissing action for failure to state a claim); 2) Briscoe v. Indianapolis Metro. Police Dept., et al., No. 1:18-cv-03867- TWP-DLP (S.D. Ind. Apr. 22, 2019) (dismissing action for failure to state a claim); 3) Briscoe v. Sexton, et al, No. 1:18-cv-00255-WTL-DLP (S.D. Ind. Mar. 22, 2018) (dismissing action for failure to state a claim). Mr. Briscoe shall have through December 28, 2020 to pay the $400 filing fee to the clerk of the district court. Failure to do so will result in dismissal of this action without further notice. SO ORDERED. Date: 12/1/2020 SJamu Patrick ltawloe James Patrick Hanlon United States District Judge Southern District of Indiana Distribution: THEODORE BRISCOE, JR. 980988 PLAINFIELD - CF PLAINFIELD CORRECTIONAL FACILITY Electronic Service Participant —- Court Only