Blackshear, Julian v. Acker, Alanna et al

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
JULIAN R. BLACKSHEAR,
Plaintiff,
v.
ALANA ACKER, CCI HSU MANAGER JANE DOE,
DR. JOHN/JANE DOE, NURSE PRACTITIONER
JOHN/JANE DOE 1–2, NURSE JOHN/JANE DOE 1–2,
Defendants.
OPINION and ORDER
25-cv-916-jdp
Plaintiff Julian R. Blackshear alleges that, from June 2024 to August 2025, medical staff
at Columbia Correctional Institution (CCI) denied him medical care for his chronic pain
related to a traumatic brain injury. Dkt. 1. Blackshear was incarcerated at CCI when the
complaint was filed electronically on November 6, 2025, though he was released on extended
supervision five days later.
Because Blackshear seeks leave to proceed without prepaying the filing fee, I must screen
the complaint under 28 U.S.C. § 1915(e)(2)(B) and dismiss any part of it that is frivolous or
malicious, fails to state a claim for which I could grant relief, or seeks money damages from an
immune 	defendant. 	I must 	accept 	Blackshear’s 	allegations 	as 	true 	and 	construe 	them
generously, holding the complaint to a less stringent standard than one a lawyer drafts. Arnett
v. Webster, 658 F.3d 742, 751 (7th Cir. 2011).
Blackshear incurred four “strikes” under 28 U.S.C. § 1915(g) before bringing this
lawsuit, and he doesn’t allege that he’s in imminent danger of serious physical injury. So I will
deny Blackshear’s motion for leave to proceed without prepaying the filing fee and dismiss the
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case without prejudice. If Blackshear pays the full filing fee by the deadline provided in this
order, I will reopen the case and screen the complaint.
BACKGROUND
While incarcerated, Blackshear previously brought four lawsuits that were dismissed for
failure to state a claim for which the court could grant relief. See Blackshear v. Picknell, 25-cv-
395-jdp, Dkt. 15; Blackshear v. Stange, 25-cv-394-jdp, Dkt. 20; Blackshear v. John Doe, 25-cv-392-
jdp, Dkt. 20; Blackshear v. Pinkiy, 21-cv-1156 (E.D. Wis.), Dkt. 14 and Dkt. 17. The ’1156 case
in the Eastern District was dismissed on October 25, 2022. The ’395 case was dismissed on
September 18, 2025, and the ’394 and ’392 cases were dismissed on October 28, 2025.
Blackshear’s complaint, which is not signed under penalty of perjury, is dated October 24,
2025. Dkt. 1 at 5. The court’s internal records, however, show that the complaint was filed
electronically on November 6, 2025.
ANALYSIS
A prisoner is barred from bringing a civil action or appeal without prepaying the full
filing fee if he has incurred three strikes under § 1915(g) prior to bringing the lawsuit. To avoid
§ 1915(g), the plaintiff must plausibly allege imminent, serious physical harm. Sanders v. Melvin,
873 F.3d 957, 960–61 (7th Cir. 2017). The plaintiff must allege a physical injury that is
imminent or occurring at the time the complaint is filed and show that the threat or prison
condition causing the physical injury is “real and proximate.” Ciarpaglini v. Saini, 352 F.3d 328,
330 (7th Cir. 2003). Past dangers that a prisoner no longer faces when he files the complaint
don’t meet this requirement. Heimermann v. Litscher, 337 F.3d 781, 782 (7th Cir. 2003).
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Blackshear alleges that defendants denied him medical care from June 2024 to August
2025. The alleged denial of medical care occurred in the past and does not meet the imminent
danger exception. Blackshear has been released from prison, further showing that defendants’
alleged actions aren’t exposing him to imminent danger. Section 1915(g) applies.
I take Blackshear to allege that, on October 24, 2025, he submitted the complaint to
CCI staff to be filed electronically, before he received his third “strike.” Cf. Dkt. 1 at 5. Under
the prison mailbox rule, a prisoner’s “legal documents are considered filed on the date that
they’re tendered to prison staff in accordance with reasonable prison policies, regardless of
whether they are ultimately mailed or uploaded.” Taylor v. Brown, 787 F.3d 851, 859 (7th Cir.
2015). But, as a general rule, a prisoner seeking to benefit from the prison mailbox rule bears
the burden to show that it applies. See Harris v. Schaller, 830 F. App’x 787, 788 (7th Cir. 2020).
When screening a complaint, a court must “draw on its judicial experience and common sense.”
Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009)
Blackshear hasn’t plausibly alleged that he submitted the complaint to CCI staff for
mailing on October 24, 2025. In the court’s experience, Department of Corrections staff
regularly collect mail deposited in prison mailboxes and promptly deliver the mail to the
appropriate individual or department. It’s implausible, then, that a complaint deposited on
October 24, 2025, would take until November 6, 2025 (nearly two weeks) to reach its intended
recipient. Also, the court’s internal records show that Blackshear’s complaint was electronically
sent to the court on the day that it was received in the prison library, so it’s implausible that
CCI’s librarian delayed the complaint’s submission. Blackshear has not alleged any facts
supporting the allegation that he deposited the complaint in CCI’s mail system on October 24,
2025. The prison mailbox rule does not apply. Section 1915(g) applies to his complaint.
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ORDER
IT IS ORDERED that:
1. 	Plaintiff Julian R. Blackshear’s motion for leave to proceed without prepaying the
filing fee, see Dkt. 2 and Dkt. 4, is DENIED.
2. 	Plaintiff’s complaint, Dkt. 1, is DISMISSED without prejudice.
3. 	Plaintiff may have until January 12, 2026, to submit a check or money order payable
to “Clerk, U.S. District Court” in the amount of $405 at the following address:
Clerk of Court, U.S. District Court, Western District of Wisconsin, 120 North
Henry Street, Room 320, Madison, Wisconsin 53703. If the court does not receive
the full $405 filling fee by January 12, 2026, this dismissal will automatically
converted to a dismissal with prejudice and judgment will be entered.
Entered December 22, 2025.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge
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