Friar v. Erwin et al

Filing 3

ORDER denying 1 Motion. Friar's complaint will be dismissed without prejudice. If Friar wants to pursue this case, then he must pay the $400 filing and administrative fees and file a motion to reopen this case by 11/30/2017. An in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 10/31/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVIVSION
PLAINTIFF

EARNEST T. FRIAR, JR.

v.

No.1:17-cv-100-DPM

HAROLD S. ERWIN, Judge,
Jackson County Circuit Court,
STEVEN G. HOWARD, Prosecuting
Attorney, SCOTT NANCE, Public
Defender, WRIGHTSVILLE UNIT,
Arkansas Department of Correction,
MARK HARMON, Arkansas Parole
Board, ACC Agent

DEFENDANTS

ORDER
1. Friar moves to proceed in forma pauperis. NQ 1. But he's a three-

striker. 28 U.S.C. § 1915(g). Before filing this lawsuit, he had at least
three cases dismissed for failing to state a claim. E.g., Friar v. Jackson

County Sheriff Department, 1:14-cv-97-BSM; Friar v. Jackson County Sheriff
Department, 1:16-cv-27-BSM; and Friar v. Wrightsville Unit, 4:17-cv-486SWW. His new allegations include complaints about the Sharp County
Detention Center. NQ 2. But he was transferred to another facility
before he filed this case; and nothing in his complaint shows he' s
currently in imminent danger of serious physical injury.

28 U.S.C.

§ 1915(g). His motion to proceed in forma pauperis, NQ1, is therefore

denied.

2. Friar's complaint will be dismissed without prejudice. If Friar
wants to pursue this case, then he must pay the $400 filing and
administrative fees and file a motion to reopen this case by
30 November 2017. An in forma pauperis appeal from this Order and
accompanying Judgment would not be taken in good faith. 28 U.S.C.
§ 1915(a)(3).

So Ordered.

v

D .P. Marshall Jr.
United States District Judge
J1

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