Opinion
CASE NO. 3:15CV00314 BSM
10-05-2015
NICHOLAS ADDISON PLAINTIFF v. JOEY MARTIN DEFENDANT
ORDER
Plaintiff Nicholas Addison's application to proceed in forma pauperis [Doc. No. 1] is denied, and this case is dismissed without prejudice.
A prisoner cannot proceed in forma pauperis if he "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). Prior to filing this case, Addison had at least five cases dismissed for failing to state a claim upon which relief may be granted. See Addison v. Martin, Case No. 3:15CV00001 (E.D. Ark. 2015); Addison v. Martin, Case No. 3:15CV00009 (E.D. Ark. 2015); Addison v. Martin, Case No. 3:15CV00096 (E.D. Ark. 2015); Addison v. Doe, Case No. 3:15CV00121 (E.D. Ark. 2015); Addison v. Muse, Case No. 3:15CV00133 (E.D. Ark. 2015). The imminent danger exception is not applicable because the complaint does not suggest that he is in danger.
Accordingly, Addison's application to proceed in forma pauperis [Doc. No. 1] is denied, and his complaint [Doc. No. 2] is dismissed without prejudice. Addison has thirty (30) days from the entry of this order to pay the $400 filing fee in full and file a motion to reopen the case.
DATED this 5th day of October 2015.
/s/_________
UNITED STATES DISTRICT JUDGE