Nichols v. Drummond et al

Filing 15

ORDER: The Court withdraws the reference. Nichols's motion to proceed in forma pauperis, 1 , is denied. His complaint will be dismissed without prejudice. Nichols's pending motions, 3 , 4 , & 12 , are denied as moot. If Nichols wants t o pursue this case, then he must pay the $400 filing and administrative fees and file a motion to reopen this case by 8/5/2016. 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 7/7/2016. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
HELENA DIVISION
BILLY MACK NICHOLS, JR.,
ADC #92713

v.

PLAINTIFF

No. 2:16-cv-91-DPM

DRUMMOND, APN, East Arkansas Regional
Unit, ADC; STIEVE, Doctor/Medical Director,
EARU; BUTLER, Doctor, EARU; SIMMONS,
APN, EARU; and ARKANSAS DEPARTMENT
OF CORRECTION, Medical Deaprtment, EARU

DEFENDANTS

ORDER
1. The Court withdraws the reference.

2. Nichols moves to proceed in forma pauperis. Ng 1. But he's a three-

striker. 28 U.S.C. § 1915(g). Before filing this lawsuit, he had at least four
cases dismissed for failing to state a claim. E.g., Nichols v. Harrelson, 4:99-cv388-SWW; Niclwls v. Simpson,4:99-cv-743-GTE;Nichols v. Sallings, 4:99-cv-785HW; Nichols v. Harrelson, 4:00-cv-106-JMM.
The Court has previously concluded that Nichols' s foot-care concerns
don'tmeettheimminent danger exception. E.g., Nichols v. Peppers-Davis, 5:14cv-448-BSM (Ng 129 & 137); Nichols v. Blair, 5:15-cv-249-KGB (Ng 6 & 18);

Nichols v. Jones, 5:16-cv-28-DPM (Ng 19 & 35). Nothing in his n ew complaint
changes that conclusion. Further, Nichols is receiving treatment for diabetes,

irregular blood pressure, and anemia. And though he disagrees with that
treatment, it doesn't appear he's currently in imminent danger of serious
physical injury.

Nichols' s motion to proceed in forma pauperis, Ng 1, is

therefore denied. His complaint will be dismissed without prejudice.
3. Nichols's pending motions, Ng 3, 4 & 12, are denied as moot.
4. If Nichols wants to pursue this case, then he must pay $400 (the

filing and administrative fees) and file a motion to reopen this case by
5 August 2016.
5. An in forma pauperis appeal from this Order and accompanying

Judgment will not be taken in good faith. 28 U.S.C. § 1915(a)(3).
So Ordered.

(/

D .P. Marshall Jr.
United States District Judge
7 Qv /y ').CJ I f.p
I/

-2-

I