UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

SOUTH BEND DIVISION

TRAVIS SCOTT CUNNINGHAM, )

)

Plaintiff, )

)

vs. ) Cause No. 3:16-cv-453

 )

LONNIE KEEFER, )

)

Defendant. )

OPINION AND ORDER

Travis Scott Cunningham, a pro se prisoner, filed a complaint and a petition to

proceed without paying the filing fee. (DE 1; DE 2.) Cunningham is a litigious fellow,

and he has pursued most of his litigation in forma pauperis. Under 28 U.S.C. § 1915(g), an

inmate may not proceed in forma pauperis if he has filed a complaint or appeal that

frivolous, malicious, or did not state a claim upon which relief could be granted on

three or more prior occasions. This is referred to as the “three-strikes rule.”

Cunningham has accumulated at least four strikes. See Cunningham v. Maughmer, No.

3:11-cv-483 (N.D. Ind., Dec. 16, 2011); Cunningham v. Maughmer, 3:12-cv-002 (N.D. Ind.,

Jan. 4, 2012); Cunningham v. Indiana, 3:13-cv-118 (N.D. Ind., Feb. 21, 2013); Cunningham v.

Maughmer, 3:13-cv-161 (N.D. Ind., March 4, 2013). Although there is an exception to the

three-strikes rule for inmates who are in imminent danger of serious physical injury,

Cunningham doesn’t fit the bill. See Abdul-Wadood v. Nathan, 91 F.3d 1023, 1025 (7th Cir.

1996). He claims that he was illegally extradited from Florida to Indiana in March 2015,

but “[a]llegations of past harm do not suffice[.].” See Ciarpaglini v. Saini, 352 F.3d 328,
330 (7th Cir. 2003) (internal citation omitted). As a result, Cunningham cannot proceed

with this case without paying the filing fee in full.

Cunningham knows that he is restricted from proceeding in forma pauperis

because he was told at least twice before filing this case. See Cunningham v. Logansport

Police Department, No. 3:13-cv-244 (N.D. Ind. Apr. 3, 2013) (DE 2); Cunningham v. Sheriff,

No. 3:13-cv-357 (N.D. Ind., May 1, 2013) (DE 2). Nevertheless, he filed an in forma

pauperis petition.(DE 3.) The Seventh Circuit has spoken plainly about what happens

when a litigant seeks leave to proceed in forma pauperis after being told that he is

restricted:

Litigants to whom § 1915(g) applies take heed! An effort to

bamboozle the court by seeking permission to proceed in forma

pauperis after a federal judge has held that § 1915(g) applies . . .

will lead to immediate termination of the suit. Moreover, the fee

remains due, and, [as] we held in Newlin v. Helman, 123 F.3d 429,

436-37 (7th Cir. 1997), . . . unpaid docket fees incurred by litigants

subject to § 1915(g) lead straight to an order forbidding further

litigation.

Sloan v. Lesza, 181 F.3d 857, 859 (7th Cir. 1999) (dismissing appeal and ordering clerk not

to file future documents until defendant pays outstanding fees and sanctions in all civil

actions).

For these reasons, this case will be dismissed, the filing fee assessed, and

Cunningham will continue to be restricted until he has paid in full all outstanding filing

fees and sanctions imposed by any federal court. The restriction imposed by this order

does not prohibit Cunningham from filing a notice of appeal in this case nor “impede

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him from making any filings necessary to protect him from imprisonment or other

confinement, but . . . [it does] not let him file any paper in any other suit . . . until he

pays the money he owes.” Support Sys. Int’l v. Mack, 45 F.3d 185, 186 (7th Cir. 1995). 

Finally, I note that Cunningham has been restricted from filing several lawsuits

without paying the filing fee in the past two weeks. See Cunningham v. Boonstra, 3:16-cv447 (N.D. Ind. Aug. 5, 2016) (DE 5); Cunningham v. Indiana, No. 3:16-cv-397 (N.D. Ind.

Aug. 8, 2016) (DE 21); Cunningham v. Keefer, No. 3:16-cv-396 (N.D. Ind. Aug. 12, 2016)

(DE 13). While it is important for the clerk of this court to document any attempt

Cunningham makes to violate this order, it is only necessary to do so in one case. The

clerk has already begun making notations in Case No. 3:16-cv-447, so future violations

of this order should be noted in that case, rather than in this one.

Accordingly:

(1) the in forma pauperis petition (DE 3) is DENIED;

(2) this cause of action is DISMISSED WITHOUT PREJUDICE;

(3) Travis Scott Cunningham, IDOC # 156774, is ORDERED to pay (and the

facility having custody of him to automatically remit) to the clerk of this court

20 percent of the money he receives for each calendar month during which he receives

$10.00 or more, until the $400.00 filing fee is paid in full; 

(4) the clerk of court is DIRECTED to return, unfiled, any papers filed in any

case by or on behalf of Travis Scott Cunningham (except for a notice of appeal or unless

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filed in a criminal or habeas corpus proceeding) until he has paid in full all outstanding

fees and sanctions in all civil actions in any federal court; 

(5) the clerk is ORDERED to note any attempted filings in violation of this order

on the docket of Case No. 3:16-cv-477; and

(6) the clerk is DIRECTED to ensure that a copy of this order is mailed to each

facility where the plaintiff is housed until the filing fee has been paid in full. 

SO ORDERED.

ENTERED: August 18, 2016.

s/ Philip P. Simon 

CHIEF JUDGE

UNITED STATES DISTRICT COURT

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