Opinion
2:24-cv-123-DPM
07-19-2024
GARY LEON WEBSTER ADC #114018 PLAINTIFF v. DOES, Sergeant; Corporal 1-2 DEFENDANTS
ORDER
D.P. MARSHALL JR. UNITED STATES DISTRICT JUDGE
1. Webster is a three-striker. Before filing this lawsuit, he had at least three cases dismissed for failing to state a claim. E.g., Doc. 9 in Webster v. Does, Case No. 3:19-cv-59-DPM; Doc. 9 in Webster v. Pigg, Case No. 3:19-cv-60-DPM; Doc. 9 in Webster v. Days Inn Motels, Inc., Case No. 3:19-cv-78-DPM. Nothing in Webster's new complaint, Doc. 2, suggests he's currently in imminent danger of serious physical injury. 28 U.S.C. § 1915(g). His complaint will therefore be dismissed without prejudice.
2. If Webster wants to pursue this case, then he must pay $405 (the filing and administrative fees) and file a motion to reopen the case by 16 August 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.