Order Form 4/2005} =

United States District Court, Northern District of Illinois SY
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Namestawieet ies | JOHNW.DARRAH | Swlortuewouer | C/U ef
CASE NUMBER 12.C 1500 DATE s/o) 2
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CASE Cleve Jones (#2012-0129019) vs. Officers of Record, et al.
TITLE

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The plaintiff's motion for “extension of time, verbal hearing, and to reconsider” [#7] is granted in part and denied
in part. The plaintiffs motion for reconsideration of i-f.p. status is denied; however, he is granted an extension
of time until May 29, 2012, to pay the statutory filing fee. Failure to pay the $350.00 filing fee by May 29, 2012,
will result in summary dismissal of this case. See Local Rule 3.3(e) (N.D. Ill). The clerk is directed to update
the docket to reflect the plaintiffs current address: 1435 Ellis / Ford Heights, Illinois 60411.

lf [For further details see text below.] Docketing to mail notices.

STATEMENT

The plaintiff, Cleve Jones, has brought this pro se civil rights action pursuant to 42 U.S.C. § 1983. The
plaintiff alleges that private citizens made a false police report, and that Chicago police officers falsely arrested
him, conducted an illegal search, subjected him to a malicious prosecution, and committed Brady violations.

By Minute Order of March 15, 2012, the court denied the plaintiffs motion for leave to proceed in forma
pauperis pursuant to 28 U.S.C. § 1915(g). The plaintiff asks the court to reconsider, reporting that he has been
released from jail and earns only $200.00 a month. However, because (a) the plaintiff was incarcerated when he
initiated suit and (b) this case does not involve imminent danger of serious physical injury, the plaintiff is barred

| from proceeding without paying the full statutory filing fee in advance.
The plaintiff cannot challenge the prior dismissals in the context of this lawsuit. If the plaintiff disagreed
with the disposition of any of those cases, his only avenue was to appeal; as he did not do so, the previous strikes

remain in effect. Furthermore, the plaintiff misinterprets Seventh Circuit precedent as requiring prior notice that

he has struck out. “[W]hether a prisoner is disqualified under § 1915(g) must be determined by the court in which

the fourth action is filed.” Gleash v. Yuswak, 308 F.3d 758, 762 (7th Cir. 2002) (citing Evans v. Illinois

Department of Corrections, 150 F.3d 810 (7th Cir.1998)). The court’s Minute Order of March 15, 2002, gave

the plaintiff notice that he had struck out and gave him the opportunity to pay the filing fee. The plaintiff is
| (CONTINUED)

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STATEMENT

entitled to no more. Indeed, the plaintiff is now on notice that, in the event of his re-incarceration, any future

lawsuit must be accompanied by payment of the full filing fee (in the absence of imminent danger of serious
physical injury). See Sloan v. Lesza, 181 F.3d 857, 859 (7th Cir. 1999).

However, the plaintiff's request for an extension of time is granted. The plaintiff is granted an extension

| of time until May 29, 2012, to pay the statutory filing fee.

For the foregoing reasons, the plaintiffs motion for verbal hearing and for reconsideration is denied. The
motion is granted insofar as the plaintiff seeks an extension of time to pay the filing fee. If the plaintiff fails to pay
the $350.00 filing fee by May 29, 2012, the court will enter judgment dismissing this case in its entirety. See Local
Rule 3.3(e) (N.D. Ill).

As a final concern, the plaintiff is reminded that he is required to provide the court with the original plus
a judge’s copy of every document filed.

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