UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION

KENNETH MCDAVID, ) ) Plaintiff, ) ) v. ) No. 1:20-cv-02715-JPH-MPB ) STACY SCOTT, et al. ) ) Defendants. )

ORDER DIRECTING DISMISSAL OF ACTION The plaintiff brings this civil rights action against numerous defendants. The plaintiff did not prepay the $400.00 filing fee for this action which Congress has prescribed in

(a). Instead, he requests leave to proceed in forma pauperis. Dkt. 2. As the plaintiff has been informed by this Court, he has "struck out" under

. See McDavid v. Henry Co. Sheriff's Dep't, No. 1:15-cv-001086-TWP-TAB, dkt. 9.1 This renders the plaintiff ineligible to proceed in forma pauperis. The plaintiff did not, however, notify the Court in his motion for leave to proceed in forma pauperis that he had struck out. This failure leads to the immediate termination of this action. See Sloan v. Lesza,

(7th Cir. 1999) ("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.").

1 The three cases identified as strikes in that case are: McDavid v. Buss, 1:08-cv-1613-DFH-DML (S.D. Ind. May 26, 2009) (dismissed for failure to state a claim under 28 U.S.C. § 1915A); McDavid v. Baker, 2:14-cv-0264-JMS-WGH (S.D. Ind. Oct. 30, 2014))(dismissed for failure to state a claim under § 1915A); and McDavid v. Corizon, Inc., 2:14-cv-0272-JMS-WGH (S.D. Ind. Dec. 10, 2014))(dismissed for failure to state a claim under § 1915A). Accordingly, the plaintiff's motion to proceed in forma pauperis, dkt. [2], is denied and this action is dismissed with prejudice. Judgment consistent with this Order shall now issue. SO ORDERED. Date: 10/26/2020

Sjamu Patrick lbanlove James Patrick Hanlon United States District Judge oo, Southern District of Indiana Distribution: KENNETH MCDAVID 943202 NEW CASTLE - CF NEW CASTLE CORRECTIONAL FACILITY - Inmate Mail/Parcels 1000 Van Nuys Road NEW CASTLE, IN 47362