Bills v. Rabeio et al

Filing 3

ORDER denying 1 Motion to Proceed In Forma Pauperis. Bills's complaint is dismissed without prejudice. If Bills wants to pursue this case, then he must pay the $400 filing and administrative fees and file a motion to reopen this case by 11/26/2017. An in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 10/30/2017. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVIVSION CLESTER BILLS v. PLAINTIFF No. 3:17-cv-275-DPM RABEIO, Circuit Judge, JOHNNY DUNIGAN, DOE, District Attorney's Office DEFENDANTS ORDER 1. Bills moves to proceed in forma pauperis. NQ 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., Bills v. Blytheville Water Work, 3:16-cv-48-KGB; Bills v. Ranney, 3:16-cv-282-BSM; Bills v. Richardson, 3:17-cv-113-JM; Bills v. Whitfield, 3:17-cv-187-DPM. And though Bills says he fears for his life, nothing else in his new complaint shows he's actually in imminent danger of serious physical injury. 28U.S.C.§1915(g); Martin v. Shelton, 319F.3d1048, 1050 (8th Cir. 2003). His motion to proceed in forma pauperis, NQ 1, is therefore denied. 2. Bills' s complaint will be dismissed without prejudice. If Bills wants to pursue this case, then he must pay the $400 filing and administrative fees and file a motion to reopen this case by 26 November 2017. An in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. 28 U.S.C. § 1915(a)(3). So Ordered. v D.P. Marshall Jr. United States District Judge 30 -2- Oc.fb/,y. d2.0 I 7

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