Jones v. McCoy et al

Filing 3

ORDER DISMISSING CASE because plaintiff is a three-striker under the Prison Litigation Reform Act. 28 U.S.C. § 1915(g). The motion to proceed ifp 1 is denied and plaintiff's complaint is dismissed without prejudice. If he wishes to pursu e this case, he must, within thirty days of the entry of this Order: (1) pay the full statutory filing fee of $400, 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 related Judgment would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 11/14/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
PLAINTIFF

KEITHEN JONES,
ADC #085316

v.

No. 4:13-cv-621-DPM

MCCOY, Counselor, Quality Living/ADC;
DINO DAVIS, CEO, Quality Living Center;
KEITH CURTIS, CO/CEO, Quality Living;
DOROTHY DOE, Clinical Pro, Quality Living;
and TAWANNA GREENLOW, Counselor,
Quality Living

DEFENDANTS

ORDER
Jones moves to proceed in forma pauperis in this§ 1983 case. But Jones
is a three-striker under the Prison Litigation Reform Act. 28 U.S.C. § 1915(g).
He has filed more than three cases that were dismissed as frivolous or for
failure to state a claim upon which relief may be granted. Jones v. Banks, 2:95cv-17-HW; Jones v. Roberson, 5:96-cv-123-JMM; Jones v. Correctional Medical

Services,5:03-cv-87-SWW; Jones v. Does,4:05-cv-1092-SWW. And he 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).

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Jones' motion to proceed in forma pauperis, NQ 1, is denied; 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 $400, 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 related 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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