Opinion
3:24-cv-189-DPM
10-30-2024
GARY LEON WEBSTER ADC #114018 PLAINTIFF v. WORLEY, Nurse, Tucker Unit, ADC; BRADLEY, Nurse, Tucker Unit, ADC; SEAMSTER, Nurse, Provider, Tucker Unit, ADC; and ALEXANDER, Sgt, Correctional Officer, Tucker Unit, ADC DEFENDANTS
ORDER
D.P. Marshall Jr. United States District Judge
Webster's appeal of Magistrate Judge Moore's decision denying his motion to proceed in forma -pauperis, Doc. 7, is denied. Her decision was not clearly erroneous or contrary to law. 28 U.S.C. § 636(b)(1)(A). Webster is a three-striker. Doc. 9 in Webster v. Does, No. 3:19-cv-59-DPM (E.D. Ark. 13 June 2019); Doc. 9 in Webster v. Pigg, No. 3:19-cv-60-DPM (E.D. Ark. 13 June 2019); Doc. 9 in Webster v. Days Inn Motels, Inc., No. 3:19-cv-78-DPM (E.D. Ark. 13 June 2019). And his new complaint, Doc. 2, does not allege that he is currently in imminent danger of serious physical injury. 28 U.S.C. § 1915(g).
Webster alleges that prison officials at the Tucker Unit were deliberately indifferent to his fractured femur and that, as a result, he received inadequate medical care from May 2024 to September 2024. He notes, however, that he received his needed surgery in September. Doc. 2 at 9. The PLRA's imminent danger exception "focuses on the risk that the conduct complained of threatens continuing or future injury, not on whether the inmate deserves a remedy for past misconduct." Martin v. Shelton, 319 F.3d 1048, 1050 (8th Cir. 2003). Webster has not alleged conduct that threatens continuing or future injury, so he may not proceed in forma pauperis in this case. Compare McAlphin v. Toney, 281 F.3d 709, 711 (8th Cir. 2002).
So Ordered.