Randle v. Sims et al
ORDER dismissing the complaint without prejudice. If Randle wants to pursue this case, then he must pay $400 and file a motion to reopen the case by 3/16/2018. An in forma pauperis appeal from this Order and accompanying Judgment will not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 2/14/2018. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
BARRY SIMS and GENISE-KEY
Randle hasn't paid the filing and administrative fees in this case.
And a motion to proceed in forma pauperis would be futile because
Randle is a three-striker. Before filing this lawsuit, he'd had at least
three cases dismissed for failing to state a claim. E.g., Randle v. Peters,
et al., No. 4:14-cv-280-BRW; Randle v. Hall, et al., No. 4:14-cv-357-JLH;
Randle v. Arkansas, et al., No. 4:17-cv-291-BSM. And though Randle says
he was previously assaulted, his new complaint doesn't show that he
was in imminent danger of serious physical injury at the time he filed
suit. 28 U.S.C. § 1915(g); McAlphin v. Toney, 281 F.3d 709, 711 (8th Cir.
2002). His complaint will therefore be dismissed without prejudice.
If Randle wants to pursue this case, then he must pay $400 (the
filing and administrative fees) and file a motion to reopen the case by
16 March 2018.
An in forma pauperis appeal from this Order and
accompanying Judgment will not be taken in good faith. 28 U.S.C. §
D.P. Marshall Jr.
United States District Judge
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