UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

SOUTH BEND DIVISION

CHARLES PHIFER, )

)

Plaintiff, )

) 

vs. ) CAUSE NO. 3:16-CV-106-PPS-MGG

)

CORIZON COMPANY, )

)

Defendant. )

OPINION AND ORDER

Charles Phifer, a pro se prisoner, is barred from proceeding in forma pauperis

unless he is in imminent danger of serious physical injury because he has incurred eight

strikes. See 28 U.S.C. § 1915(g); Phifer v. Wabash Valley, 04-2089 (7th Cir. July 8, 2004). 

Based on his initial filings [DE 1, 2, 3, 4, 5, 6, 7, and 8], I did not conclude that he met

that standard. In response to my deficiency orders, Phifer filed four amended

complaints. [DE 14, 18, 21, and 24.] Based on the last one, I found that he had plausibly

alleged that he was in imminent danger of serious physical injury because he had an

untreated, unspecified, Sexually Transmitted Disease that caused him severe pain,

damage to his liver, stomach cancer, other cancers, heart attack, and blindness. I

granted him leave to proceed against Corizon Company for injunctive relief to obtain

medical treatment and ordered Corizon to file a report explaining Charles Phifer’s

Sexually Transmitted Disease and what treatment he has received, along with copies of

any pertinent medical records. [DE 30.]
In Corizon’s response, Dr. Noe Marandet declared that Phifer does not have a

Sexually Transmitted Disease. [DE 46-1 at 3.] He declared that when Phifer was tested

in July 2015, the lab results show that he did not have gonorrhea, chlamydia, syphilis,

HIV, hepatitis A, B, or C. [Id.] He declared that when Phifer was seen by medical staff

on March 13, 2016 and June 24, 2016, he did not seek treatment for—nor present

symptoms of—a Sexually Transmitted Disease. [DE 46-1 at 3-4.] Phifer’s medical

records, attached to Corizon’s filing, supported those statements. [DE 46-2.]

Based on that response, it did not appear that Phifer had a Sexually Transmitted

Disease, it did not appear that he was in need of medical treatment for a Sexually

Transmitted Disease, and it did not appear that he was in imminent danger. As a result, 

I ordered Phifer to tell me what Sexually Transmitted Disease he thinks he has. I

ordered him to explain why he believes that he has a Sexually Transmitted Disease and

to name the medical staff that he has told about it this year. [DE 47.] I ordered him to

provide whatever documentation that he has. [Id..]

In his response, Phifer says that he has chlamydia. [DE 50 at 1.] He explains

“[t]he brush stick when place in the vile has a reaction if positive, plaintiff was shown

test was positive by Corizon nurse.” [Id.] He appears to be saying that, on an

unspecified date, an unnamed nurse showed him the positive test result during the

same appointment when he was tested. According to the National Institutes of Health,

however, test results for chlamydia “take 1 to 2 days to come back.” 

https://medlineplus.gov/ency/article/001345.htm. Phifer says that his arms and chest

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are covered with scars that were noted by L.P.N. Myers. [DE 50 at 2.] He says that he

has headaches and dizziness. [Id.] However, the symptoms of chlamydia in men do

not include scaring, headaches, or dizziness. Rather, the symptoms are a burning

feeling during urination, discharge from the penis or rectum, tenderness or pain in the

testicles, and/or rectal discharge or pain.

https://medlineplus.gov/ency/article/001345.htm. 

Phifer attached to his response a 2014 liver sonogram test result indicating

“hepatic steatosis” and “hepatomegaly.” [DE 50-1 at 1.] First, this 2014 test result says

nothing about chlamydia and tells me nothing about whether Phifer has it now. 

Second, hepatic steatosis is a fatty liver commonly caused by obesity, diabetes, high

cholesterol, high triglycerides, or high blood pressure.

https://medlineplus.gov/ency/article/007657.htm. There is no reference to it being

caused by chlamydia or any other sexually transmitted disease. [Id.] Third,

hepatomegaly is an enlarged liver. https://medlineplus.gov/ency/article/003275.htm.

There are many causes for an enlarged liver, including hepatic steatosis. [Id.] The only

sexually transmitted diseases that are listed as possible causes for hepatomegaly are

hepatitis A, B, and C. [Id.] However, neither Phifer nor his test results indicate that he

has any form of hepatitis. [DE 46-1 at 3, DE 46-2 at 14.]

Phifer attached to his response a 2016 test result indicating that he has “fatty

infiltration of liver.” [DE 50-1 at 3-4.] Again, there is no medical basis for believing that

a fatty liver is caused by chlamydia or any other Sexually Transmitted Disease. 

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https://medlineplus.gov/ency/article/007657.htm. Phifer attached a 2009 blood test

result showing that his HDL/Total Cholesterol ratio places him at below average risk. 

[DE 50-1 at 5.] Though the results do not explain what risk this might be, it is clear that

a seven year old test indicating that he has a lower than average risk of something is not

evidence that he has chlamydia today. Phifer attached results of five different blood

test taken from 2009 to 2014 showing that 6 of his 110 test results were abnormal. [DE

50-1 at 6-10.] All of these tests are old and none of them were for chlamydia.

Phifer argues that he has chronic kidney disease, diabetes, and a heart condition. 

However he has not provided any evidence that he has chlamydia, that he needs

treatment for chlamydia, or that any of his chronic conditions could be either caused or

aggravated by chlamydia. His most recent test for chlamydia on April 14, 2015,

indicates that he did not have it. [DE 46-2 at 16.] According to the Centers for Disease

Control, there is no medical basis for believing that chlamydia causes severe pain, liver

damage, cancer, heart attack, or blindness. 

http://www.cdc.gov/std/chlamydia/stdfact-chlamydia-detailed.htm. 

Based on the allegations and record now before me, Phifer is not in imminent

danger and that means that this case is over. Phifer has not paid the filing fee and he is

barred from proceeding in forma pauperis unless he is in imminent danger of serious

physical injury. Because he is not, this case cannot proceed. 

For these reasons, this case is DISMISSED WITHOUT PREJUDICE for

nonpayment of the filing fee and CLOSED. All pending motions are DENIED as moot.

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SO ORDERED.

ENTERED: September 22, 2016

 s/ Philip P. Simon 

PHILIP P. SIMON, CHIEF JUDGE

UNITED STATES DISTRICT COURT

 

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