Addison v. Martin

Filing 3

ORDER denying 1 MOTION for Leave to Proceed in forma pauperis filed by Nicholas Addison. His complaint, 2 , is dismissed without prejudice. Addison has thirty days from the entry of this order to pay the $400 filing fee in full and file a motion to reopen the case. Signed by Chief Judge Brian S. Miller on 10/5/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
NICHOLAS ADDISON
v.

PLAINTIFF
CASE NO. 3:15CV00314 BSM

JOEY MARTIN

DEFENDANT
ORDER

Plaintiff Nicholas Addison’s application to proceed in forma pauperis [Doc. No. 1]
is denied, and this case is dismissed without prejudice.
A prisoner cannot proceed in forma pauperis if he “has on 3 or more prior occasions,
while incarcerated or detained in any facility, brought an action or appeal in a court of the
United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state
a claim upon which relief may be granted, unless the prisoner is under imminent danger of
serious physical injury." 28 U.S.C. § 1915(g). Prior to filing this case, Addison had at least
five cases dismissed for failing to state a claim upon which relief may be granted. See
Addison v. Martin, Case No. 3:15CV00001 (E.D. Ark. 2015); Addison v. Martin, Case No.
3:15CV00009 (E.D. Ark. 2015); Addison v. Martin, Case No. 3:15CV00096 (E.D. Ark.
2015); Addison v. Doe, Case No. 3:15CV00121 (E.D. Ark. 2015); Addison v. Muse, Case No.
3:15CV00133 (E.D. Ark. 2015). The imminent danger exception is not applicable because
the complaint does not suggest that he is in danger.
Accordingly, Addison’s application to proceed in forma pauperis [Doc. No. 1] is
denied, and his complaint [Doc. No. 2] is dismissed without prejudice. Addison has thirty

(30) days from the entry of this order to pay the $400 filing fee in full and file a motion to
reopen the case.
DATED this 5th day of October 2015.

_________________________________
UNITED STATES DISTRICT JUDGE

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