Mosby v. Holmes

Filing 5

ORDER DISMISSING CASE without prejudice and denying the motion to proceed ifp. If plaintiff wishes to pursue this case, he must, within 30 days of the entry of this Order, pay the full statutory filing fee and a motion to reopen the case. Signed by Judge D. P. Marshall Jr. on 4/27/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION ROGER D. MOSBY, ADC#63018 PLAINTIFF v. No.4:12-cv-221-DPM J. LEON HOLMES, Uaited States District Judge DEFENDANT ORDER Mosby moves to proceed in forma pauperis in this § 1983 case. But Mosby is a three-striker under the Prison Litigation Reform Act. 28 U.S.C. § 1915(g); see also Higgins v. Carpenter, 258 F.3d 797, 800 (8th Cir. 2001) (upholding the constitutionality of the three-strikes provision). He has filed at least three cases that were dismissed for frivolousness or failure to state a claim upon which relief may be granted. Mosbyv. Dolphin,5:91-cv-337-SWW; I' Mosby v. Reasoner, 5:92-cv-761-ETR; Mosby v. Williams,5:97-cv-457-GH. And Mosby does not fall within the exception to the three-strikes provision because he does not allege that he is in imminent danger of serious physical ... injury. 28 U.S.C. § 1915(g). I' I' Mosby's motion to proceed in forma pauperis, Document No.1, is denied, and his complaint is dismissed without prejudice. If he wishes to pursue this case, he must, within thirty days of the entry of this Order: (1) pay the full statutory filing fee of $350, noting the case style and number; and (2) file a motion to reopen the case. The Court certifies that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. 28 U.S.C. § 1915(a)(3). I' So Ordered. t/ D.P. Marsh~ll Jr. United States District Judge I' -2­

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