Oliver v. McClain

Filing 3

ORDER withdrawing the reference; denying 1 motion to proceed in forma pauperis; dismissing without prejudice 2 complaint; and alerting Oliver if he wants to pursue this case, he must pay $405 and file a motion to reopen the case by 9/30/2024. An in forma pauperis appeal would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 9/3/2024. (jak) (Docket text modified on 9/3/2024 to correct the linkage)(jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION

PLAINTIFF

ARTEZ OLIVER

No. 3:24-cv-142-DPM

V.

M. McCLAIN, Lt.,
Mississippi County

DEFENDANT
ORDER

1.

The Court withdraws the reference.

2.

Oliver is a three-striker. Before filing this lawsuit, he had at

least three cases dismissed for failing to state a claim. E.g., Oliver v.

Bradley, No. 1:17-cv-102-KGB; Oliver v. Cook, No. 3:17-cv-39-BSM; and
Oliver v. Cook, No. 3:16-CV-350 -DPM. And nothing in his complaint,
Doc. 2, suggests he's currently in imminent danger of serious physical

injury. 28 U.S.C. § 1915(g). Oliver's motion to proceed inforina pauperis,
Doc. TI, is therefore denied. His complaint will be dismissed without

prejudice.
3.

If Oliver wants to pursue this case, then he must pay $405

(the administrative and filing fees) and file a motion to reopen the case
by 30 September 2024. An informa pauperis appeal from this Order and
accompanying Judgment would not be taken in good faith. 28 U.S.C.
§

1915(a)(3).

So Ordered.

D.P. Marshall Jr.
United States District Judge
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kte

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