stating that even a prisoner with $2000 in assets might be eligible to proceed in forma pauperis
How later courts described this case
- stating that even a prisoner with $2000 in assets might be eligible to proceed in forma pauperis
- "It makes good sense for a judge who believes a dismissal to come within the scope of § 1915(g) to include notice to that effect," even though later courts must make the conclusive determination of whether each prior dismissal meets the statutory definition
- "Without at least an opportunity to amend or to respond to an order to show cause, an IFP applicant's case could be tossed out of court without giving the applicant any timely notice or opportunity to be heard to clarify, contest, or simply request leave to amend."
- "Individual liability under § 1983 … requires personal involvement in the alleged constitutional deprivation."
Written by the judges who cited it.
The opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
HUNTER ALEXANDER, )
)
Plaintiff, )
)
v. ) No. 1:26-cv-00525-JPH-MJD
)
JOHN DOES, )
I.R.S., )
U.S. POSTAL, )
)
Defendants. )
ORDER SCREENING AND DISMISSING COMPLAINT,
GRANTING MOTION TO PROCEED IN FORMA PAUPERIS,
AND WARNING OF FILING RESTRICTION
This week, plaintiff Hunter Alexander has flooded this Court with frivolous
lawsuits. See Alexander v. Does, Car Makers, 1:26-cv-00528-JMS-KMB (S.D.
Ind. Mar. 18, 2026); Alexander v. Does (old electrical in HUMS, septic in dirt, water
lines in dirt), 1:26-cv-00521-TWP-MG (S.D. Ind. Mar. 18, 2026); Alexander v.
John Does (Microwave, Stove, Prop[a]ne, LLC), 1:26-cv-523-MPB-MG (S.D. Ind.
Mar. 18, 2026) (S.D. Ind. Mar. 18, 2026); Alexander v. John Does, Trash
Companies, EPA, 1:26-cv-00526-JRS-KMB (S.D. Ind. Mar. 18, 2026); and
Alexander v. John Doe, Gas Stations, 1:26-cv-00531-SEB-TAB (S.D. Ind. Mar.
19, 2026).
In this Order, the Court rules on Mr. Alexander's motions, screens and
dismisses his complaint, and warns Mr. Alexander about frivolous litigation.
I. Motion to Proceed In Forma Pauperis
The motion to proceed in forma pauperis, dkt. [3], is granted to the extent
that the plaintiff is assessed an initial partial filing fee of $18.32. See 28
U.S.C. § 1915(b)(1); Whitaker v. Dempsey, 83 F.4th 1059, 1061 (7th Cir. 2023)
(stating that even a prisoner with $2000 in assets might be eligible to proceed in
forma pauperis). Mr. Alexander shall have through April 17, 2026, in which to
pay this sum to the clerk of the district court.
He is informed that after the initial partial filing fee is paid, he will be
obligated to make monthly payments of 20 percent of the preceding month's
income each month that the amount in his account exceeds $10.00, until the
full filing fee of $350.00 is paid. 28 U.S.C. § 1915(b)(2). After the initial partial
filing fee is received, a collection order will be issued to the plaintiff and his
custodian.
II. Screening and Dismissal of the Complaint
A. Screening Standard
When screening a complaint, the Court must dismiss any portion that is
frivolous or malicious, fails to state a claim for relief, or seeks monetary relief
against a defendant who is immune from such relief. 28 U.S.C. § 1915A(b). To
determine whether the complaint states a claim, the Court applies the same
standard as when addressing a motion to dismiss under Federal Rule of Civil
Procedure 12(b)(6). See Schillinger v. Kiley, 954 F.3d 990, 993 (7th Cir. 2020).
Under that standard, a complaint must include "enough facts to state a claim to
relief that is plausible on its face." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570
(2007). "A claim has facial plausibility when the plaintiff pleads factual content
that allows the court to draw the reasonable inference that the defendant is liable
for the misconduct alleged." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). The
Court construes pro se complaints liberally and holds them to a "less stringent
standard than formal pleadings drafted by lawyers." Cesal v. Moats, 851 F.3d
714, 720 (7th Cir. 2017).
B. The Complaint
Mr. Alexander names the IRS, the U.S. Postal Service, and "John Does" as
defendants.
Mr. Alexander alleges that the U.S Postal Service introduced a new
currency denominated as "$000.59³" which "is considered a tenth" and that this
denomination does not exist. He alleges that this invalid "tenth" currency has
snowballed into tax-related problems. Mr. Alexander alleges that his
incarceration has caused him to lose business documents, which has impeded
his ability to address tax matters and maintain records.
Mr. Alexander seeks damages.
C. Dismissal of the Complaint
The complaint must be dismissed for failure to state a claim and as
frivolous.
A complaint may be dismissed as frivolous when it "lacks an arguable
basis either in law or in fact." Neitzke v. Williams, 490 U.S. 319, 325 (1989). An
allegation is factually frivolous when it is "clearly baseless, fanciful, fantastic,
delusional, irrational, or wholly incredible." Felton v. City of Chicago, 827 F.3d
632, 635 (7th Cir. 2016) (cleaned up). "A claim is legally frivolous if it is 'based
on an indisputably meritless legal theory.'" Id. (quoting Neitske, 490 U.S. at
327−28). Here, Mr. Alexander's allegation that a new "tenth" denomination has
been introduced is plainly factually frivolous.
Mr. Alexander's claim that he has difficulty filing tax records or
maintaining business records due to his incarceration is not factually frivolous.
But he does not allege, nor could he, that either the IRS or the Postal Service
was involved in this issue. Thus, this claim is dismissed for failure to state a
claim upon which relief can be granted. See Colbert v. City of Chicago, 851 F.3d
649, 657 (7th Cir. 2017) ("Individual liability under § 1983 … requires personal
involvement in the alleged constitutional deprivation.") (internal quotation
omitted).
In almost all cases where a plaintiff is proceeding pro se, the plaintiff
should be provided an opportunity to amend his complaint or show cause why
the case should not be dismissed. See Luevano v. Wal-Mart Stores, Inc., 722 F.3d
1014, 1022 (7th Cir. 2013) ("Without at least an opportunity to amend or to
respond to an order to show cause, an IFP applicant's case could be tossed out
of court without giving the applicant any timely notice or opportunity to be heard
to clarify, contest, or simply request leave to amend."). Such a step is
unnecessary here where there is no chance that Mr. Alexander could file an
amended complaint that states a viable claim related to the allegations, such as
they are, in his complaint. See Egwuenu v. Charles Schwab & Co., 834 F. App'x
245 (7th Cir. Jan. 21, 2021) (unpublished) (noting dismissal with prejudice,
without leave to amend, was justified in case where plaintiff had previously filed
frivolous cases about "the same vast, persistent conspiracy."). Accordingly, this
case is dismissed with prejudice as frivolous and for failure to state a claim
upon which relief can be granted. Final judgment consistent with this Order
shall now issue.
III. Motion for Counsel
Mr. Alexander has filed a motion for assistance recruiting counsel. Dkt. 4.
Litigants in federal civil cases do not have a constitutional or statutory right to
court-appointed counsel. Walker v. Price, 900 F.3d 933, 938 (7th Cir. 2018).
Instead, 28 U.S.C. § 1915(e)(1) gives courts the authority to "request" counsel.
Mallard v. United States District Court, 490 U.S. 296, 300 (1989). As a practical
matter, there are not enough lawyers willing and qualified to accept a pro bono
assignment in every pro se case. See Watts v. Kidman, 42 F.4th 755, 764 (7th
Cir. 2022) (explaining that courts must be careful stewards of the limited
resource of volunteer lawyers).
Courts may consider the merits of a plaintiff's claim when deciding
whether to recruit counsel. Id. at 766. Here, it would not be in the interest of
justice to recruit counsel for a wholly meritless case. Thus, the motion to appoint
recruited counsel, dkt. [4], is denied.
IV. Warning Regarding Strikes and Frivolous Lawsuits
Because this case is being dismissed for failure to state a claim, Mr.
Alexander is warned that it may constitute a "strike" under 28 U.S.C. § 1915(g),
which limits a prisoner's ability to proceed in forma pauperis after having three
cases or appeals dismissed as frivolous, malicious, or for failure to state a claim
upon which relief may be granted. See Hill v. Madison Cty., Ill., 983 F.3d 904,
906 (7th Cir. 2020) ("It makes good sense for a judge who believes a dismissal to
come within the scope of § 1915(g) to include notice to that effect," even though
later courts must make the conclusive determination of whether each prior
dismissal meets the statutory definition). A plaintiff who has struck out cannot
proceed in forma pauperis unless he alleges that he is "in imminent danger of
serious physical injury." 28 U.S.C. § 1915(g).
Additionally, the Court has a duty to deter frivolous filings. "Every paper
filed . . . no matter how repetitious or frivolous, requires some portion of the
institution's limited resources. A part of the Court's responsibility is to see that
these resources are allocated in a way that promotes the interests of justice."
Montgomery v. Davis, 362 F.3d 956, 957 (7th Cir. 2004) (quoting In re McDonald,
489 U.S. 180, 184 (1989)). Frivolous filing behavior cannot be tolerated, and "the
judicial authority to curb it is ample." Support Sys. Int'l v. Mack, 45 F.3d 185,
186 (7th Cir. 1995) (collecting cases).
The Court warns Mr. Alexander that this pattern of litigation must stop,
or he risks filing restrictions. If Mr. Alexander continues to file frivolous
pleadings, the Court will restrict him from filing new actions or motions in this
Court and may elect to assess fines against him.
V. Conclusion
Mr. Alexander's motion to proceed in forma pauperis, dkt. [3], is granted.
He has through April 17, 2026, to pay the Court $18.32. Once he does, the
Court will issue a collection order to collect the rest of the filing fee.! Mr.
Alexander's motion to appoint counsel, dkt. [4], is denied.
This case is dismissed with prejudice as frivolous and for failure to
state a claim upon which relief can be granted. Final judgment consistent
with this Order shall now issue.
Mr. Alexander is warned that the dismissal of this action may constitute a
strike under 28 U.S.C. 1915(g). He is further warned that if he persists in filing
frivolous lawsuits in this Court, the Court may sanction him by restricting him
from filing new actions or motions in this Court or imposing monetary sanctions.
SO ORDERED.
Date: 4/1/2026 Sjamnu Patnaik Hanbore
James Patrick Hanlon
United States District Judge
Southern District of Indiana
Distribution:
HUNTER ALEXANDER
201044
PENDLETON - CF
PENDLETON CORRECTIONAL FACILITY
Inmate Mail/Parcels
4490 West Reformatory Road
PENDLETON, IN 46064
Financial Deputy Clerk
Electronic notice to IDOC
1 Despite the Court's dismissal of this action, Mr. Alexander is still required to pay the
$350.00 filing fee, as it is the filing of the case that triggers the obligation to pay a
filing fee.