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. ยง 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. ยง 1915(a)(3). So Ordered. -2-

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