Travis v. Warthen et al
Filing
3
ORDER dismissing, without prejudice, 2 Mr. Travis's complaint; directing Mr. Travis to submit the statutory filing and administrative fees of $405 to the Clerk of the Court, noting the above case style number, within 30 days of the entry date of this order, along with a motion to reopen the case, if he wishes to continue this case; and certifying an in forma pauperis appeal from this order or any judgment entered hereunder would not be taken in good faith. Signed by Judge James M. Moody Jr. on 10/28/2024. (llg)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
KENNY TRAVIS, JR.
ADC #119406
v.
PLAINTIFF
Case No: 4:24-CV-00924-JM
CHRISTOPHER R. WARTHEN, et al.
DEFENDANTS
ORDER
Plaintiff Travis Kenny, Jr., an inmate at the Maximum Security Unit of the Arkansas
Division of Correction, filed a pro se complaint pursuant to 42 U.S.C. § 1983. (Doc. 2).
Mr. Travis’s complaint must be dismissed, without prejudice, pursuant to the three-strikes
provision of the Prison Litigation Reform Act (“PLRA”).
Under the three-strikes provision of the PLRA, a prisoner’s in forma pauperis action must
be dismissed, sua sponte or upon a motion of a party, if the prisoner has “on 3 or more prior
occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of
the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state
a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious
physical injury.” 28 U.S.C. § 1915(g). The Eighth Circuit has upheld the constitutionality of the
three-strikes provision. Higgins v. Carpenter, 258 F.3d 797, 801 (8th Cir. 2001).
Records in the office of the Clerk of Court for the Eastern District of Arkansas reveal that
Mr. Travis has had three prior civil actions dismissed for failure to state a claim upon which relief
may be granted. See Travis v. Osceola Police Dept., et al., 3:02-CV-00005-BRW (E.D. Ark.);
Travis v. Russell, et al., 3:06-CV-00009-BRW (E.D. Ark.); and Travis v. Russell, et al., 3:06-CV00177-BRW (E.D. Ark.). Mr. Travis nonetheless may proceed in forma pauperis if he establishes
that he is in imminent danger of serious physical injury. See 28 U.S.C. § 1915(g); Ashley v.
Dilworth, 147 F.3d 715, 717 (8th Cir. 1998).
Mr. Travis sues alleging that a state error coram nobis proceeding was wrongly dismissed
by the Arkansas Supreme Court. (Doc. 2). Nothing in Mr. Travis’s complaint indicates that he
faces an imminent danger; therefore, that exception does not apply. Dilworth, 147 F.3d at 717.
IT IS THEREFORE ORDERED THAT:
1.
Mr. Travis’s complaint is DISMISSED WITHOUT PREJUDICE. Should he wish
to continue this case, Mr. Travis must submit the statutory filing and administrative fees of $405
to the Clerk of the Court, noting the above case style number, within thirty (30) days of the entry
date of this order, along with a motion to reopen the case. Upon receipt of the motion and full
payment, this case will be reopened.
2.
It is CERTIFIED that an in forma pauperis appeal from this order or any judgment
entered hereunder would not be taken in good faith.
IT IS SO ORDERED this 28th day of October, 2024.
UNITED STATES DISTRICT JUDGE
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?