Opinion
3:21-CV-00173-BSM
08-31-2021
ORDER
Gary Leon Webster's motion to proceed in forma pauperis [Doc. No. 1] and motion to appoint counsel [Doc. No. 3] are denied.
Webster has received at least three strikes under the PLRA. See Webster v. Does, 3:19-CV-00059 DPM (E.D. Ark. filed March 20, 2019); Webster v. Pigg, 3:19-CV-00060 DPM (E.D. Ark. filed March 20, 2019); Webster v. Days Inn Motels, Inc., et al, 3:19-CV-00078 DPM (E.D. Ark. filed March 20, 2019). And based on the allegations in his complaint [Doc. No. 2], it does not appear that Webster is in imminent danger of serious physical injury. See 28 U.S.C. § 1915(g).
Accordingly, this case is dismissed without prejudice. If Webster would like to continue with this case, he must first pay the filing fee of $402, noting the above style and case number, within thirty days of the date of this order along with a motion to reopen this case. Upon receipt of the full filing fee and his motion, this case will be reopened. It is certified that an in forma pauperis appeal from this order and accompanying judgment would not be taken in good faith.
IT IS ORDERED.