Sherman v. Felts et al

Filing 5

ORDER dismissing the complaint without prejudice; if Sherman wants to pursue this case, then he must pay $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; and denying 2 and 4 motions for appointment of counsel and motion for service. Signed by Judge D. P. Marshall Jr. on 1/3/2025. (jak)

IN THE UNITED ST ATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
PATRICK L. SHERMAN
ADC# 096304
v.

PLAINTIFF

No. 4:24-cv-1042-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.

Sherman is a three-striker.

Before filing this lawsuit, he had

at least three cases dismissed for failing to state a claim. E.g., Sherman
v. Clark County, et al., Case No. 6:13-cv-6017-SOH (W.D. Ark.); Sherman
v. Clark County, et al., Case No. 6:13-cv-6126-SOH (W.D. Ark.);

and

Sherman v. Correctional Medical Services, et al., Case No. 5:01-cv-161-JM

(E.D. Ark). Nothing in Sherman's new complaint, Doc. 2, suggests he's
currently in imminent danger of serious physical injury.
§ 1915(g).

28 U.S.C.

His complaint will therefore be dismissed without

prejudice.
2. If Sherman 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.

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

and motion for service, Doc. 4, are denied.
So Ordered.

D .P. Marshall Jr.
United States District Judge

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