Opinion
No. 1:15-cv-116-DPM
11-04-2015
LISA RYAN MURPHY, ADC #760343 PLAINTIFF v. JIMMY BANKS, Warden, Grimes Unit, ADC, et al. DEFENDANTS
ORDER
Murphy hasn't paid the filing and administrative fees in this case. And a motion to proceed in forma pauperis would be futile because Murphy is a three-striker. Before filing this lawsuit, she had at least three cases dismissed for failing to state a claim. E.g., Murphy v. Fisk, et al., 1:15-cv-50-BSM; Murphy v. Culclager, et al., 1:15-cv-27~BSM; Murphy v. Robinson, et al., 1:15-cv-47-JM. Nothing in Murphy's new complaint suggests she's currently in imminent danger of serious physical injury. 28 U.S.C. § 1915(g). Her complaint will therefore be dismissed without prejudice.
If Murphy wants to pursue this case, then she must pay $400 (the filing and administrative fees) and file a motion to reopen the case by 4 December 2015. An in forma pauperis appeal from this Order and accompanying Judgment will not be taken in good faith. 28 U.S.C. § 1915(a)(3).
So Ordered.
/s/_________
D.P. Marshall Jr.
United States District Judge
4 November 2015