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- ilcd;;1:16-cv-01398_de5 RegisterActionDate "2016-10-19" @default.
- ilcd;;1:16-cv-01398_de5 RegisterActionDescriptionText "TEXT ORDER: Plaintiff has accumulated at least three strikes under the Prison Litigation and Reform Act, 28 U.S.C. Section 1915(g), and, therefore, can no longer proceed in forma pauperis unless he is in imminent danger of serious physical harm. See, e.g., 732B943 v. IDOC, 15-cv-173 (S.D. Ill.)(failure to state claim); 732B943 v. Pinckneyvillle, 14-cv-3012 (C.D. Ill.)(frivolous and malicious); 732B943 v. Illinois, 13-cv-7393 (N.D. Ill.)(malicious and fails to state claim); 732B943 v. Unsettled Issues, 15-cv-292 (S.D. Ill.)(frivolous and fails to state claim). Additionally, Plaintiff seeks immediate release from prison. Challenges to incarceration may proceed in federal court only as a habeas action. Plaintiff has already pursued a similar habeas action in the Central District of Illinois, which has been dismissed with leave to refile after Plaintiff exhausts his state court remedies. 732B943 v. Melvin, 16-cv-2112 (C.D. Ill.) Plaintiff's petition to proceed in forma pauperis is denied. This case is dismissed without prejudice to refiling as a habeas action after Plaintiff exhausts his state court remedies. Plaintiff's motion for counsel is denied as moot (5). The clerk is directed to close this case. Entered by Judge Sue E. Myerscough on 10/19/2016. (GL, ilcd) (Copy mailed to pro se plaintiff at prison scanning facility.) Modified to reflect copy "mailed" to pro se plaintiff, not "e-mailed" on 12/20/2016 (GL, ilcd). (Entered: 10/19/2016)" @default.
- ilcd;;1:16-cv-01398_de5 AdministrativeID "None" @default.
- ilcd;;1:16-cv-01398_de5 hasJudgeReference SJ001511 @default.