The opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
JEROME DERRELL ROBERTSON,
Plaintiff,
v. CAUSE NO. 3:19-CV-1004-JD-MGG
JANICE WEST,
Defendant.
OPINION AND ORDER
Jerome Derrell Robertson is a prisoner who filed a complaint without a lawyer
and seeks leave to proceed in forma pauperis. However, Robertson is barred from
proceeding in forma pauperis pursuant to 28 U.S.C. § 1915(g). This is commonly known
as the “Three Strikes Rule” and Robertson has three strikes.1 An inmate who has struck
out, “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 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).
1 (1) Robertson v. Spears, 1:15-CV-1405 (S.D. Ind. filed September 3, 2015), dismissed December 4,
2015, for failure to state a claim;
(2) Robertson v. Spitzer, 3:18-CV-609 (N.D. Ind. filed August 7, 2018), dismissed October 17, 2018,
pursuant to 28 U.S.C. § 1915A because the amended complaint sought money damages against a
defendant who was immune from such relief; and
(3) Robertson v. Sevier, 3:18-CV-637 (N.D. Ind. filed August 14, 2018), dismissed August 24, 2018,
for failure to state a claim.
In this case, Robertson is attempting to sue Nurse Janice West for $600,000
because she did not give him a single dose of medication on the evening of September
10, 2019. This allegation does not plausibly allege that he is now in imminent danger of
serious physical injury.
Nonetheless, Robertson filed this complaint without paying the filing fee. He
seeks leave to proceed in forma pauperis even though he knew he was struck out:
1. On December 17, 2018, he was told he had struck out and could not
proceed in forma pauperis unless he was in imminent danger of serious
physical injury. Robertson v. Nevels, 3:18-CV-1008 (N.D. Ind. filed
December 13, 2018), ECF 3.
2. On January 14, 2019, he was told he had struck out and could not
proceed in forma pauperis unless he was in imminent danger of serious
physical injury. Robertson v. Sevier, 3:19-CV-23 (N.D. Ind. filed 10, 2019),
ECF 2.
3. On May 9, 2019, he was told he had struck out and could not proceed in
forma pauperis unless he was in imminent danger of serious physical
injury. Robertson v. Carter, 3:19-CV-147 (N.D. Ind. filed March 4, 2019), ECF
10.
Robertson has been told three times he has struck out and cannot proceed in forma
pauperis unless he is in imminent danger of serious physical injury. He knows he must
pre-pay the $400 filing fee unless he files a complaint clearly alleging he is in imminent
danger of serious physical injury.
The Seventh Circuit requires that litigants be restricted when they attempt to
“bamboozle” the court by seeking to proceed in forma pauperis after they have been
informed that they are barred from doing so.
Litigants to whom § 1915(g) applies take heed! 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. Moreover, the fee remains
due, and we held in Newlin v. Helman, 123 F.3d 429, 436-37 (7th Cir. 1997),
that unpaid docket fees incurred by litigants subject to § 1915(g) lead
straight to an order forbidding further litigation. Sloan’s appeal is
dismissed for failure to pay the appellate filing and docket fees. Until
Sloan has paid in full all outstanding fees and sanctions in all civil actions
he has filed, the clerks of all courts in this circuit will return unfiled all
papers he tenders. This order does not apply to criminal cases or petitions
challenging the terms of his confinement, and may be reexamined in two
years under the approach of Newlin and Support Systems International, Inc.
v. Mack, 45 F.3d 185 (7th Cir. 1995).
Sloan v. Lesza, 181 F.3d 857, 859 (7th Cir. 1999).
So too, this case will be dismissed, the filing fee assessed, and Robertson
restricted until he has paid in full all outstanding filing fees and sanctions imposed by
any federal court. The restriction imposed by this order does not restrict him from filing
a notice of appeal nor “impede him from making any filings necessary to protect him
from imprisonment or other confinement, but . . . [it does] not let him file any paper in
any other suit . . . until he pays the money he owes.” Support Sys. Int’l v. Mack, 45 F.3d
185, 186 (7th Cir. 1995). Neither does it restrict him from litigating any of his other four
pending lawsuits in this court including the one where he has alleged that he is in
imminent danger of serious physical injury.
For these reasons, the court:
(1) DISMISSES this case WITHOUT PREJUDICE;
(2) DENIES Jerome Derrell Robertson leave to proceed in forma pauperis (ECF
2);
(3) ORDERS the plaintiff, Jerome Derrell Robertson, IDOC # 894086, to pay
(and the facility having custody of him to automatically remit) to the clerk of this court
20 percent of the money he receives for each calendar month during which he receives
$10.00 or more, until the $400.00 filing fee is paid in full;
(4) DIRECTS the clerk of court to create a ledger for receipt of these funds;
(5) DIRECTS the clerk of court to return, unfiled, any papers filed in any cases
except
3:18-cv-522-DRL-MGG,
3:18-cv-586-DRL-MGG,
3:19-cv-910-PPS-MGG,
3:19-cv-00938-DRL-MGG
by or on behalf of Jerome Derrell Robertson (except for a notice of appeal or unless filed
in a criminal or habeas corpus proceeding) until he has paid in full all outstanding fees
and sanctions in all civil actions in any federal court;
(6) DIRECTS the clerk to note on the docket of this case any attempted filings in
violation of this order; and
(7) DIRECTS the clerk to ensure that a copy of this order is mailed to each facility
where the plaintiff is housed until the filing fee has been paid in full.
SO ORDERED on November 7, 2019
/s/ JON E. DEGUILIO
JUDGE
UNITED STATES DISTRICT COURT