Kain v. Correct Care Solutions et al

Filing 6

ORDER denying 5 Kain's appeal from the 3 Order denying him in forma pauperis status. While the United States Court of Appeals for the Eighth Circuit will decide its jurisdiction, Kain's appeal to that Court, No. 4 , appears premature : the order denying Kain in forma pauperis status isn't appealable. Catlin v. United States, 324 U.S. 229, 233-34 (1945). And there's no basis for certifying an interlocutory appeal. 28 U.S.C. § 1292. Signed by Judge D. P. Marshall Jr. on 6/8/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION

BILLY J. KAIN, JR.
ADC #83093

v.

PLAINTIFF
No. 1:17-cv-31-DPM-BD

CORRECT CARE SOLUTIONS; MICHELLE
BISHOP, Doctor, North Central Unit; MARTY
HARRIMAN, Doctor, North Central Unit;
SHARYN ROTOR, Associate Nurse Practitioner,
North Central Unit; MARJORIE HALL, L.P.N./
Infirmary Manager, North Central Unit; LINDA HUNT,
L.P.N., North Central Unit; DAVID BREWER,
Classification Officer, North Central Unit; ROBIN
SMITH, Associated Physicians Assistant, North
Central Unit; and SIERRA BRADSHAW, Nurse,
North Central Unit
DEFENDANTS

ORDER
1. Kain's appeal, Ng 5, from the order denying him in forma pauperis
status, Ng 3, is denied. Magistrate Judge Deere didn't clearly err or misapply
the law in denying Kain's motion.

FED. R. CIV. P. 72(a).

And nothing in Kain's

new paper shows he's in imminent danger of serious physical injury.
28 U.S.C. § 1915(g).

2. While the United States Court of Appeals for the Eighth Circuit will
decide its jurisdiction, Kain's appeal to that Court, Ng 4, appears premature:

the order denying Kain in forma pauperis status isn't appealable. Catlin v.

United States, 324 U.S. 229, 233-34 (1945). And there's no basis for certifying
an interlocutory appeal. 28 U.S.C. § 1292.
So Ordered.

D.P. Marshall Jr.
United States District Judge

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