Addison v. Martin et al, No. 3:2015cv00290 - Document 3 (E.D. Ark. 2015)
Court Description: OPINION AND ORDER denying Addison's application to proceed in forma pauperis and dismissing this case without prejudice, 1 . If Addison wishes to continue this case, he must, within thirty days of the entry of this Opinion and Order, pay the $400 filing fee in full and file a motion to reopen the case. The Court certifies that an in forma pauperis appeal would not be taken in good faith. Signed by Judge J. Leon Holmes on 9/21/2015. (jak)
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Addison v. Martin et al Doc. 3 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION NICHOLAS ADDISON v. PLAINTIFF NO. 3:15CV00290 JLH/JTR JOEY MARTIN, Administrator; and POINSETT COUNTY DETENTION CENTER DEFENDANTS OPINION AND ORDER Nicholas Addison is a prisoner in the Poinsett County Detention Center. He has filed a pro se § 1983 complaint and an application to proceed in forma pauperis. The Prison Litigation Reform Act provides that a prisoner cannot proceed in forma pauperis “if the prisoner has on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.” 28 U.S.C. § 1915(g); see also Higgins v. Carpenter, 258 F.3d 797, 800 (8th Cir. 2002) (holding that § 1915(g) is constitutional). Prior to filing this lawsuit on September 15, 2015, Addison filed at least five cases that were dismissed for failing to state a claim upon which relief may be granted. See Addison v. Martin, 3:15CV00001; Addison v. Martin, 3:15CV00091; Addison v. Martin, 3:15CV00096; Addison v. Doe, 3:15CV00121; and Addison v. Muse, 3:15CV00133. Nevertheless, Addison may proceed in forma pauperis if he falls under the “imminent danger” exception to the three strikes rule. See 28 U.S.C. § 1915(g). Nothing in the complaint suggests that Addison is currently in imminent danger of serious physical injury. Dockets.Justia.com IT IS THEREFORE ORDERED THAT: 1. Addison’s application to proceed in forma pauperis is denied, and this case is dismissed without prejudice. Document #1. 2. If Addison wishes to continue this case, he must, within thirty days of the entry of this Opinion and Order: (a) pay the $400 filing fee in full, noting the above case style and number; and (b) file a motion to reopen the case 3. The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal would not be taken in good faith. IT IS SO ORDERED this 21st day of September, 2015. J. LEON HOLMES UNITED STATES DISTRICT JUDGE -2-
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