Opinion
3:24-cv-142-DPM
09-03-2024
ARTEZ OLIVER PLAINTIFF v. M. McCLAIN, Lt, Mississippi County DEFENDANT
ORDER
D.P. MARSHALL JR. UNITED STATES DISTRICT JUDGE
1. The Court withdraws the reference.
2. Oliver is a three-striker. Before filing this lawsuit, he had at least three cases dismissed for failing to state a claim. E.g., Oliver v. Bradley, No. 1:17-cv-102-KGB; Oliver v. Cook, No. 3:17-cv-39-BSM; and Oliver v. Cook, No. 3:16-CV-350-DPM. And nothing in his complaint, Doc. 2, suggests he's currently in imminent danger of serious physical injury. 28 U.S.C. § 1915(g). Oliver's motion to proceed in forma pauperis, Doc. 1, is therefore denied. His complaint will be dismissed without prejudice.
3. If Oliver wants to pursue this case, then he must pay $405 (the administrative and filing fees) and file a motion to reopen the case by 30 September 2024. 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.