Philpot v. Felts et al

Filing 4

ORDER dismissing plaintiff's complaint without prejudice; directing Philpott if he wants to pursue this case, then he must may $405 and file a motion to reopen the case by 2/3/2025; an in forma pauperis appeal will not be taken in good faith; denying 2 motion for appointment of counsel; and directing the Clerk to correct the spelling of Phipott's name on the docket sheet. Signed by Judge D. P. Marshall Jr. on 1/3/2025. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
ROBERT PHILPOTT
ADC# 111495
v.

PLAINTIFF

No. 4:24-cv-1035-DPM

JOHN FELTS, Chair, Arkansas
Post Prison Trans£er Board;
BRENT MORGAN, Member,
Arkansas Post Prison Trans£er
Board; LONA MCCASTLAIN,
Director, Arkansas Post Prison
Transfer Board; WILLIE ROBINSON,
Member, Arkansas Post Prison
Transfer Board; ANDY SHOCK,
Member, Arkansas Post Prison
Transfer Board; WENDY LYALS,
Member, Arkansas Post Prison
Transfer Board; SARAH HUCKABEE
SANDERS, Governor, Arkansas; and
DOUG SMITH, Member, Arkansas
Post Prison Trans£er Board

DEFENDANTS

ORDER
1.

Philpot is a three-striker. Before filing this lawsuit, he had

at least three cases dismissed for failing to state a claim. E.g., Philpott
v. Sebastian County Courthouse, et al., Case No. 2:11-cv-2101-PKH (W.D.

Ark.);

Philpott v. Barnett, No. 2:07-cv-02074-JLH (W.D. Ark.);

and

Philpott v. Arkansas, et al., No. 5:07-cv-161-JLH (E.D. Ark). Nothing in

Philpott' s new complaint, Doc. 2, suggests he's currently in imminent
danger of serious physical injury. 28 U.S.C. § 1915(g). His complaint
will therefore be dismissed without prejudice.
2. If Philpott wants to pursue this case, then he must pay $405
(the filing and administrative fees) and file a motion to reopen the case
by 3 February 2025. An in forma pauperis appeal from this Order and
accompanying Judgment will not be taken in good faith.

28 U.S.C.

§ 1915(a)(3).

3.

Philpott' s motion for the appointment of counsel, Doc. 2, is

denied.
4.

The Court directs the Clerk to correct the spelling of

Philpott's name on the docket sheet.
So Ordered.

D .P. Marshall Jr.
United States District Judge

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