UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION DEREK BOYD, ) ) Plaintiff, ) ) v. ) No. 2:23-cv-00105-JPH-MG ) RODNEY CUMMINGS, et al., ) ) Defendants. ) ENTRY DISCUSSING FILING FEE Plaintiff, Derek Boyd, has not paid the $402 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 3 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. Boyd has not alleged imminent danger, and he has had at least three prior cases dismissed for failure to state a claim or for being frivolous or malicious. 1) Boyd v. Carter et al., No. 1:22-cv-00694-JPH-MPB (S.D. Ind. June 24, 2022) (dismissing action as frivolous and malicious); 2) Boyd v. Johnson et al., No. 1:21-cv-03081-JRS-TAB (S.D. Ind. May 27, 2022) (dismissing action for failure to state a claim); 3) Boyd v. Dugger et al., No. 1:21-cv-03083-JRS-MPB (S.D. Ind. Mar. 11, 2022) (dismissing action as frivolous). Therefore, Mr. Boyd shall have through March 31, 2023, to pay the $402 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: 3/10/2023 Sjamu Patrick hawlove James Patrick Hanlon United States District Judge Southern District of Indiana Distribution: DEREK BOYD 273507 PUTNAMVILLE - CF PUTNAMVILLE CORRECTIONAL FACILITY Electronic Service Participant — Court Only