Askew v. Burl et al

Filing 43

ORDER denying 41 Motion for Reconsideration. Magistrate Judge Deere did not err in counting Askew's pre-PLRA dismissals as "strikes" for purposes of 28 U.S.C. § 1915(g). Askew may proceed with his case but must pay the filing fee by 19 May 2015, or his case will be dismissed without prejudice. Signed by Judge D. P. Marshall Jr. on 4/20/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
MU'MIN ABDULAZIZ ASKEW
ADC #082276

v.

PLAINTIFF

No. 2:14-cv-142-DPM-BD

DANNY BURL, Warden, EARU;
DeANGELO EARL, Deputy Warden,
EARU; DAVID MILLS, Building Major,
EARU; MARY COBB; ALEX BRAY,
Chaplain, EARU; TED AUSTIN, ACC
Officer, EARU; BRETT BUTLER,
Doctor, EARU;WILLIAM GAY;
VALERIE WESTBROOK, Classification
Officer; TIFFANY MANN, Lieutenant;
and MONICKA BRANSCUMB, Nurse

DEFENDANTS

ORDER
Motion to reconsider, N!2 41, denied. Magistrate Judge Deere did not err
in counting Askew's pre-PLRA dismissals as "strikes" for purposes of 28
U.S.C. § 1915(g). Jacobs v. Jackson, 2005 WL 1923175, at *2 (E.D. Ark. 9 Aug.
2005). Askew may proceed with his case but must pay the filing fee by 19
May 2015 or his case will be dismissed without prejudice.
So Ordered.
D.P. Mar~ hall Jr.
United States District Judge