Opinion
3:22-cv-243-DPM
09-26-2022
GARY LEON WEBSTER ADC #114018 PLAINTIFF v. DEXTER PAYNE, Director, Arkansas Department of Corrections DEFENDANT
ORDER
D.P. MARSHALL JR. UNITED STATES DISTRICT JUDGE
1. Webster is a three-striker. Before filing this lawsuit, he had at least three cases dismissed for failing to state a claim. E.g., Webster v. Does, 3:19-cv-59-DPM; Webster v. Pigg, 3:19-cv-60-DPM; and Webster v. Days Inn Motels, Inc., 3:19-cv-78-DPM. Nothing in Webster's new complaint, Doc. 2, suggests he's currently in imminent danger of serious physical injury. 28 U.S.C. § 1915(g). His motion to proceed in forma pauperis, Doc. 1, is therefore denied and his complaint will be dismissed without prejudice.
2. If Webster wants to pursue this case, then he must pay the $402 filing and administrative fees and file a motion to reopen the case by 21 October 2022. An in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. 28 U.S.C. § 1915(a)(3).
So Ordered.