Addison v. Martin
ORDER denying 1 Motion to Proceed In Forma Pauperis. Mr. Addison's claims are hereby dismissed, without prejudice, based on his failure to comply with the Court's August 17, 2015 Order, 5 , requiring him to pay the filing fee. Signed by Judge Billy Roy Wilson on 10/8/2015. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NICHOLAS CORTEZ ADDISON
CASE NO. 3:15-CV-00236 BRW/BD
On August 13, 2015, Plaintiff Nicholas Cortez Addison, an inmate in the Poinsett
County Detention Center, filed this action pro se under 42 U.S.C. § 1983, claiming that
Defendant Martin violated his constitutional rights. (Docket entry #2) Mr. Addison also
moved to proceed in forma pauperis (“IFP”). (#1)
Because of his litigation history, Mr. Addison is not eligible for IFP status in
federal court absent an allegation that he is in imminent danger of serious physical injury.1
Here, Mr. Addison did not plead facts alleging that he was in imminent danger of serious
physical injury, so his motion to proceed IFP was denied. (#5)
The Court allowed Mr. Addison thirty days to pay the $400 filing fee necessary to
proceed with this lawsuit. (#5) Mr. Addison was specifically cautioned that his failure to
pay the filing fee could result in dismissal of his claims, without prejudice.
The following dismissals constitute “strikes” against Mr. Addison for purposes
of determining eligibility for IFP status: Addison v. Martin, et al., E.D. Ark. Case No.
3:15cv1-JM (dismissed Feb. 2, 2015); Addison v. Muse, E.D. Ark. Case No. 3:15cv133JM (dismissed June 2, 2015); Addison v. Martin, 3:15cv96-DPM (dismissed June 12,
To date, Mr. Addison has failed to pay the filing fee, as required in the Court’s
August 17, 2015 Order. The time for doing so has passed.
Mr. Addison’s claims are hereby DISMISSED, without prejudice, based on his
failure to comply with the Court’s August 17, 2015 Order requiring him to pay the filing
IT IS SO ORDERED, this 8th day of October, 2015.
/s/Billy Roy Wilson
UNITED STATES DISTRICT JUDGE
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