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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

FILED
Dec 24 2008, 9:05 am

APPELLANT PRO SE: ERIC D. SMITH New Castle, Indiana
of the supreme court, court of appeals and tax court

CLERK

IN THE COURT OF APPEALS OF INDIANA

ERIC D. SMITH, Appellant-Defendant, vs. WILLIAM K. WILSON, et al. Appellees-Plaintiffs.

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No. 46A03-0808-CV-432

APPEAL FROM THE LAPORTE SUPERIOR COURT The Honorable Paul J. Baldoni, Judge Cause No. 46D03-0807-PL-364

December 24, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION BARNES, Judge

Case Summary Eric Smith appeals the summary dismissal of his complaint against certain employees of the Department of Correction ("DOC employees"). We affirm. Issue The sole issue is whether the trial court properly concluded that Smith's complaint was subject to summary dismissal under Indiana's "Frivolous Claim Law" for pro se prisoner litigants. Facts Smith has filed multiple lawsuits while incarcerated by the DOC following his 2001 arson conviction. He filed thirteen lawsuits in 2005-06 alone. See Smith v. Ind. Dep't of Corr., 883 N.E.2d 802, 811 (Ind. 2008) (Shepard, C.J., dissenting). Smith filed the present lawsuit on July 2, 2008. In this complaint, which

specifically relied upon 42 U.S.C.

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