Williams v. Gray et al
ORDER denying 10 Motion for Hearing; denying 11 Motion for Leave to Proceed in forma pauperis; denying 13 Motion to Amend/Correct; denying 14 Motion for Writ of Mandamus; denying 15 Motion for Discovery. Signed by Judge James M. Moody on 1/4/12. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JANICE F. GRAY, et al,
This case was dismissed without prejudice on December 14, 2011 because the Plaintiff
failed to file the statutory filing fee of $350 and because the Plaintiff is ineligible to proceed in
forma pauperis based upon his status as a prisoner who has brought three or more actions which
were dismissed as frivolous. See 28 U.S.C. § 1915(g). Plaintiff now contends that he is in
“imminent danger of serious physical injury” and therefore, qualifies for an exception to the
“three strikes” rule.
In one motion, Plaintiff attaches grievance forms where he claims that “he now has facts
showing that he is in imminent danger.” (Docket # 10). Plaintiff specifically alleges in the
grievance form that Correction Officers McDaniel and Birdwell came to his cell and told him
that they would beat him and split his head if he didn’t give them his legal work. The grievance
forms are dated December 8, 2011.
The Court finds that Plaintiff has not stated facts to support his contention that he is in
imminent danger of serious physical injury. Plaintiff states he was threatened with harm if he
did not turn over his legal work to correction officers. However, since December 8, 2011 when
this alleged threat occurred, Plaintiff has filed ten pleadings in the instant case and at least four
pleadings in other cases in the Eastern District of Arkansas. See Williams v. Ball, Case No.
2:11CV00218 BSM; Williams v. Gary, Case No. 2:11CV00192 JMM. Plaintiff’s legal filings
belie his allegation that he is in imminent danger. Based upon this record, the Court finds that
Plaintiff’s motions (Docket # 10, 11, 13, 14, and 15) must be DENIED.
IT IS SO ORDERED this 4th day of January, 2011.
James M. Moody
United States District Judge
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