From Casetext: Smarter Legal Research

Kimery v. Ark. Dep't of Corr.

United States District Court, Eastern District of Arkansas
Nov 15, 2024
4:24-cv-00652-JM (E.D. Ark. Nov. 15, 2024)

Opinion

4:24-cv-00652-JM

11-15-2024

FIELDING VAUGHN KIMERY ADC #133741 PLAINTIFF v. ARKANSAS DEPARTMENT OF CORRECTIONS, et al. DEFENDANTS


ORDER

On October 21, 2024, the Court issued an Order finding Plaintiff was not entitled to proceed in forma pauperis because he is a three-striker, as defined by 28 U.S.C. § 1915(g), who has not satisfied the imminent danger exception contained in that statute. (Doc. 18.) The Court then gave Plaintiff twenty-one days to pay the filing fee in full and cautioned him that this case would be dismissed without prejudice if he did not timely do so. (Id.) Plaintiff's time to comply with that Order has expired.

Therefore, this case is DISMISSED without prejudice due to a lack of prosecution. See Fed. R. Civ. P. 41(b); Local Rule 5.5(c)(2). It is certified, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith.


Summaries of

Kimery v. Ark. Dep't of Corr.

United States District Court, Eastern District of Arkansas
Nov 15, 2024
4:24-cv-00652-JM (E.D. Ark. Nov. 15, 2024)
Case details for

Kimery v. Ark. Dep't of Corr.

Case Details

Full title:FIELDING VAUGHN KIMERY ADC #133741 PLAINTIFF v. ARKANSAS DEPARTMENT OF…

Court:United States District Court, Eastern District of Arkansas

Date published: Nov 15, 2024

Citations

4:24-cv-00652-JM (E.D. Ark. Nov. 15, 2024)