Reyes v. Fishel

Federal 7th Circuit Court
Civil Court
Prisoners
Citation
Case Number: 
Nos. 19-1082 & 19-1084 Cons.
Decision Date: 
April 29, 2021
Federal District: 
C.D. Ill.
Holding: 
Affirmed and vacated in part and remanded

Dist. Ct. did not err in dismissing with prejudice plaintiff-prisoner's 2017 section 1983 action, where plaintiff had filed in forma pauperis application that contained deliberate misrepresentations/omissions regarding his financial ability to pay filing fees for said case. Defendant submitted partial trust fund ledger that indicated that he had only $141.34 available to him, but omitted deposits totaling $1,692.10, as well as expenditures of $785.89 from prison commissary that included purchases of television and Reebok basketball shoes. As such, Dist. Ct. could find that plaintiff had not been honest about his ability to pay filing fee, and that said dishonesty warranted that his case be dismissed with prejudice. Dist. Ct. erred, though, in sua sponte dismissing with prejudice plaintiff's 2018 lawsuit on similar grounds, where: (1) Dist. Ct. had previously granted plaintiff's in forma pauperis application in which plaintiff had asserted that he had no income from prior 12 months and had failed to attach trust fund ledger; and (2) Dist. Ct. had failed to give plaintiff opportunity to explain any errors in his in forma pauperis application. Also, while Dist. Ct. had noted that plaintiff had failed to pay previously ordered partial filing fee, it was prison's responsibility to make said payment from plaintiff's trust fund.