Dist. Ct. did not err in dismissing for failure to state cause of action plaintiff-prisoner’s state-court lawsuit that had been removed to federal court, seeking to compel defendant-warden to mail two complaints that plaintiff wanted to file in federal court. Record showed that said complaints had actually been filed in federal court, and plaintiff had failed to allege that prison prevented him from filing both complaints in federal court. However, Dist. Ct. erred in including language in judgment that indicated that instant lawsuit had qualified as one of three “strikes” for filing frivolous complaint for purposes of section 1915(g), where: (1) section 1915(g) leaves to subsequent tribunal, decision as to whether current lawsuit qualified as strike; and (2) instant lawsuit does not come within purview of section 1915(g), since it was initially brought in state court. As such, Ct. vacated language in Dist. Ct.‘s judgment regarding applicability of section 1915(g) to instant lawsuit.
Federal 7th Circuit Court
Civil Court
Prisoners