Order Form (01/2005)

Ni of Assigned Jt Sitting Judge if Oth ‘
mmeatanpmd seer | JOHN'W.DARRAH | Stteesaieitomer | Ch yp
Yale
CASE NUMBER 12.€ 1500 DATE “9 Y-) 2.
CASE
TITLE
DOCKET ENTRY TEX’

The plaintiff's motion for “extension of time, verbal hearing, and to reconsider” [#7] is granted in part and denie«|
in part. The plaintiff's motion for reconsideration of i.f.p. status is denied; however, he is granted an extension
of time until May 4, 2012, to pay the statutory filing fee. Failure to pay the $350.00 filing fee by May 4, 2012,
will result in summary dismissal of this case. See Local Rule 3.3(e) (N.D. Ill). The clerk is directed to updat::
the docket to reflect the plaintiff's current address: 1435 Ellis / Ford Heights, Illinois 60411.

STATEMENT

Docketing to mail notices.

The plaintiff, Cleve Jones, has brought this pro se civil rights action pursuant to 42 U.S.C. § 1983. Th:
plaintiff alleges that private citizens made a false police report, and that Chicago police officers falsely arreste:|
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 plaintiff's motion for leave to proceed in formut
pauperis pursuant to 28 U.S.C. § 1915(g). The plaintiff asks the court to reconsider, reporting that he has bee
released from jail and earns only $200.00 a month. However, because (a) the plaintiff was incarcerated when h:
initiated suit and (b) this case does not involve imminent danger of serious physical injury, the plaintiff is barre:

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 disagree

|| 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 whic),
the fourth action is filed.” Gleash v. Yuswak, 308 F.3d 758, 762 (7th Cir. 2002) (citing Evans v. Hlinois
Department of Corrections, 150 F.3d 810 (7th Cir.1998)). The court’s Minute Order of March 15, 2002, gav>
the plaintiff notice that he had struck out and gave him the opportunity to pay the filing fee. The plaintiff is

(CONTINUED)

Page ] of 2



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 serio 1s
physical injury). See Sloan v. Lesza, 181 F.3d 857, 859 (7th Cir. 1999).
However, the plaintiffs request for an extension of time is granted. The plaintiff is granted an extension
of time until May 4, 2012, to pay the statutory filing fee.
For the foregoing reasons, the plaintiff's motion for verbal hearing and for reconsideration is denied. T 1e
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 4, 2012, the court will enter judgment dismissing this case in its entirety. See Loc al
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.

Page 2 of 2