Opinion
4:24-CV-00153-BSM
03-20-2024
PHILLIP DEWAYNE STEWART #80429 PLAINTIFF v. CATHLEEN COMPTON DEFENDANT
ORDER
Phillip Dewayne Stewart's case is dismissed without prejudice because he has failed to pay the filing fee and cannot proceed in forma pauperis. This is because he has, while imprisoned, filed three or more prior lawsuits or appeals that were dismissed as “frivolous, malicious, or fail[ing] to state a claim upon which relief may be granted ....” 28 U.S.C. § 1915(g); see Stewart v. Hobbs, 5:13-cv-00381-JLH (E.D. Ark.); Stewart v. Evans, 5:16-cv-00081-DPM (E.D. Ark.); and Stewart v. Griffen, 4:17-cv-00579-BRW (E.D. Ark.). Stewart's complaint does not indicate that he is “under imminent danger of serious physical injury,” see 28 U.S.C. § 1915(g), and he has not paid the filing fee. His case is therefore dismissed without prejudice. Stewart has 30 days to reopen this case by paying the $402 filing fee in full. An in forma pauperis appeal from this order or the accompanying judgment would not be taken in good faith. 28 U.S.C. § 1915(a)(3).
IT IS SO ORDERED.