* After examining the briefs and the record, we have concluded that oral argument is

unnecessary. Thus, the appeal is submitted on the briefs and the record. See F ED

. R. A PP

. P.

34(a)(2). 

# United States Court of Appeals

For the Seventh Circuit

Chicago, Illinois 60604

Submitted December 4, 2008 *

Decided December 5, 2008

Before

FRANK H. EASTERBROOK, Chief Judge

WILLIAM J. BAUER, Circuit Judge

JOHN DANIEL TINDER, Circuit Judge

No. 08

‐ 2581

TAYR K. AL GHASHIYAH,

Plaintiff

‐ Appellant,

v.

MATTHEW J. FRANK, et al.,

Defendants

‐ Appellees. Appeal from the United States District

Court for the Western District of

Wisconsin.

No. 07

‐ cv

‐ 308

‐ bbc

Barbara B. Crabb,

Chief Judge

.

O R D E R

Tayr al Ghashiyah, a Wisconsin inmate formerly known as John Casteel, sued the

secretary and several employees of the Wisconsin Department of Corrections under 42

U.S.C. § 1983. The district court allowed al Ghashiyah to proceed in forma pauperis

, but later

realized that his prior frivolous lawsuits made him statutorily ineligible to litigate without

prepayment of fees, see 28 U.S.C. § 1915(g). Ghashryah v. Frank

, No. 07

‐ C

‐ 308, 2007 U.S. Dist.

LEXIS 93874, at *6 (W.D. Wis. Dec. 18, 2007). The court allowed al Ghashiyah to continue in

forma pauperis anyway, but warned him that he had “struck out” under § 1915(g) and would NONPRECEDENTIAL DISPOSITION

To be cited only in accordance with

Fed. R. App. P. 32.1No. 08

‐ 2581 Page 2

have to prepay the fees in any additional lawsuits he filed. Id. at *6

‐ 9. Al Ghashiyah

ignored the warning; he once again sought pauper status on appeal and, in error, the district

court granted his motion.

A prisoner who has filed at least three suits or appeals that are frivolous, malicious,

or fail to state a claim must prepay all fees unless in imminent physical danger. 28 U.S.C.

§ 1915(g); see Ammons v. Gerlinger

, Nos. 07

‐ 2920 & 08

‐ 1448, 2008 U.S. App. LEXIS 22297, at *2

(7th Cir. Oct. 27, 2008). Al Ghashiyah has a long history of litigating frivolous claims. See

Ghashiyah v. Litscher

, No. 07

‐ 3670, 2008 U.S. App. LEXIS 10729, at *9

‐ 11 (7th Cir. May 14,

2008); Ghashiyah v. Litscher

, No. 03

‐ C

‐ 839, 2004 U.S. Dist. LEXIS 30703 (E.D. Wis. Jan. 16,

2004), aff’d

, Ghashiyah v. Wis. Parole Comm’n

, No. 06

‐ 3677, 2007 U.S. App. LEXIS 18034 (7th

Cir. July 26, 2007); Jones v. Borgen

, No. 89

‐ 1426, 902 F.2d 37 (7th Cir. March 30, 1989); see also

Ghashiyah v. Frank

, No. 04

‐ C

‐ 0176 (E.D. Wis. Aug. 23, 2008) (finding that al Ghashiyah has at

least three strikes under § 1915(g)). That the district court erroneously granted al Ghashiyah

pauper status—after previously telling him he was ineligible—does not exempt him from

§ 1915(g); we dismiss the appeal of any litigant who seeks to proceed in forma pauperis after

being told by a federal judge that he is ineligible to do so. See Ammons

, 2008 U.S. App.

LEXIS 22297, at *2

‐ 3; Sloan v. Lesza

, 181 F.3d 857, 859 (7th Cir. 1999). Accordingly, this

appeal is dismissed, but that does not excuse al Ghashiyah from paying the appellate fees of

$455. See Campbell v. Clarke

, 481 F.3d 967, 970 (7th Cir. 2007). Al Ghashiyah has ten days

from the date of this order to pay that amount plus any other outstanding fees he owes. If

he fails to do so, we will enter an order directing the clerks of all federal courts in this circuit

to return unfiled all papers he submits until the fees are paid. See Ammons

, 2008 U.S. App.

LEXIS 22297, at *5

‐ 6; Support Sys. Int’l v. Mack

, 45 F.3d 185, 187 (7th Cir. 1995) (per curiam).

DISMISSED.