Jones v. Pendleton et al

Filing 4

ORDER dismisssing Jones's complaint without prejudice, Local Rule 5.5. The Court certifies that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 5/13/2014. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION KEITHEN JONES, ADC#085316 v. PLAINTIFF NO: 4:14-cv-8-DPM-BD S. PENDLETON, Sheriff, Saline County Jail; LAWRENCE, Deputy, Saline County Jail; KING, Deputy, Saline County Jail; BIRDSONG, Lieutenant, Saline County Jail; SNODGRASS, Doctor; SNEED, Captain/Commander; DELAHUNT, Deputy, Garland County Jail; REED, Nurse, Garland County Jail; WHARTON, Deputy, Garland County Jail; LARRY SANDERS, Sheriff; DAVID SWITZER, District Judge; MARCHIA HEARNSBURGER, Circuit Judge; AMY SNELL, Cashier, EZ Mart; and DOES, Detective, Female Manager of EZ Mart, Male Co-Worker of EZ Mart DEFENDANTS ORDER The Court previously denied Jones's motion for leave to proceed in forma pauperis because he is a three-striker. NQ 3 at 2; 28 U.S.C. § 1915(g). He has filed more than three cases that were dismissed as frivolous or failed to state a claim upon which relief can be granted. Jones v. Banks,2:95-cv-17-HW; Jones v. Roberson, 5:96-cv-123-JMM; Jones v. Correctional Medical Services, 5:03-cv-87-SWW; Jones v. Doe et al., 4:05-cv-1092-SWW. The exception to the three-strikes provision doesn't apply because Jones hasn't alleged that he is in imminent danger of serious physical injury. 28 U.S.C. § 1915(g). Jones was instructed to pay the statutory filing fee of $400 to proceed with this lawsuit. NQ 3 at 2. Jones has not complied with the 8 January 2014 Order, and the time for doing so has passed. Jones's complaint is dismissed without prejudice. Local Rule 5.5. The Court certifies that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. So Ordered. (/ D.P. Marshall Jr. United States District Judge -2-

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