Murphy v. Banks et al

Filing 2

ORDER dismissing without prejudice the 1 Complaint. If Murphy wants to pursue this case, then she must pay the $400 filing and administrative fees and file a motion to reopen the case by 4 December 2015. An in forma pauperis appeal from this Order and accompanying Judgment will not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 11/4/2015. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION LISA RYAN MURPHY, ADC #760343 v. PLAINTIFF No. 1:15-cv-116-DPM JIMMY BANKS, Warden, Grimes Unit, ADC, et al. DEFENDANTS ORDER Murphy hasn't paid the filing and administrative fees in this case. And a motion to proceed in forma pauperis would be futile because Murphy is a three-striker. Before filing this lawsuit, she had at least three cases dismissed for failing to state a claim. E.g., Murphy v. Fisk, et al., 1:15-cv-50-BSM; Murphy v. Culclager, et al., 1:15-cv-27-BSM; Murphy v. Robinson, et al., 1:15-cv-47-JM. Nothing in Murphy's new complaint suggests she's currently in imminent danger of serious physical injury. 28 U.S.C. § 1915(g). Her complaint will therefore be dismissed without prejudice. If Murphy wants to pursue this case, then she must pay $400 (the filing and administrative fees) and file a motion to reopen the case by 4 December 2015. An in forma pauperis appeal from this Order and accompanying Judgment will not be taken in good faith. 28 U.S.C. § 1915(a)(3). So Ordered. -2-

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