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Brian Andr’e Warren v. Xlibris Corporation

A prisoner sought to proceed pro se in a copyright action but couldn’t pay his filing fees. The prisoner attempted to proceed in forma pauperis, but was denied by the Court.  Apparently, the plaintiff had brought over three bad lawsuits in the past and thus lost his entitlement to proceed in forma pauperis. This action was filed on July 6 and closed on July 16 without prejudice.

In forma pauperis” refers to a motion filed by a low-income person in order to proceed in court without having to pay court costs, usually filing fees. It doesn’t usually cover other costs, such as those involved in discovery (depositions, witness fees, court reporters, etc.) and service of process.

Here’s the language of the Court’s Order on Motion for Leave to Proceed in forma pauperis:

The plaintiff’s complaint in this action is accompanied by his request to proceed in forma pauperis. The plaintiff has acquired three or more “strikes” through having litigation to which he was a party in a federal court dismissed for failure to state a claim upon which relief could be granted or as frivolous. Therefore, he is not entitled to proceed in forma pauperis, unless the exception under 28 U.S.C. § 1915(g), that he “is under imminent danger of serious physical injury,” applies. Those circumstances are not presented by this complaint based on copyright infringement.

The circumstances of this case trigger the rule of Sloan v. Lesza, 181 F.3d 857, 859 (7th Cir. 1999), which states:

An effort to bamboozle the court by seeking permission to proceed in forma pauperis after a federal judge has held that §1915(g) applies to a particular litigant will lead to immediate termination of the suit.

Accordingly, the plaintiff’s application to proceed in forma pauperis is denied and this action is dismissed without prejudice.

For a full copy of the Complaint or Order, please leave a comment.

Court Case Number: 1:10-cv-00885-WTL -TAB
File Date: Tuesday, July 06, 2010
Plaintiff: Brian Andr’e Warren
Plaintiff Counsel: Brian Andr’e Warren – Pro Se
Defendant: Xlibris Corporation
Cause: Trademark Infringement (Lanham Act)
Court: Southern District of Indiana
Judge: Judge William T. Lawrence
Referred To: Magistrate Judge Tim A. Baker