Elmore v. Bolek et al

Filing 5

RECOMMENDED DISPOSITION recommending 2 Mr. Elmore's Complaint be dismissed, without prejudice; and the Clerk be instructed to close this case. Objections due within 14 days of the date of this Recommendation. Signed by Magistrate Judge Edie R. Ervin on 01/07/2025. (llg)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
JEFFREY ELMORE
ADC #091418
V.

PLAINTIFF
NO. 4:24-cv-01048-LPR-ERE

BRITTENY BOLEK., et al.

DEFENDANTS

RECOMMENDED DISPOSITION
I.

Procedures for Filing Objections:
This Recommendation has been sent to United States District Judge Lee P.

Rudofsky. You may file written objections to all or part of this Recommendation.
Any objections filed must: (1) specifically explain the factual and/or legal basis for
the objection; and (2) be received by the Clerk of this Court within fourteen (14)
days of the date of this Recommendation. If you do not object, you risk waiving the
right to appeal questions of fact and Judge Rudofsky can adopt this Recommendation
without independently reviewing the record.
II.

Discussion:
On November 27, 2024, pro se plaintiff Jeffrey Elmore, an Arkansas Division

of Correction (“ADC”) inmate, filed this action under 42 U.S.C. ' 1983. Doc. 2.
Because Mr. Elmore is a “three-striker,”1 he can proceed with this case without

1

The following dismissals should be considered “strikes” for purposes of 28 U.S.C.
§ 1915(g): Elmore v. Bass, et al., E.D. Ark. Case No. 4:24-cv-01100-LPR (Oct. 30, 2024

paying the filing fee (also known as “in forma pauperis”) only if he is currently 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. Elmore’s complaint alleges that ADC official have violated First
Amendment rights by interfering with his access to the mail. The facts and claims
alleged are insufficient to reasonably suggest that Mr. Elmore currently faces an
imminent danger of serious physical injury.
On December 2, 2024, based on Mr. Elmore’s status as a three-striker and his
failure to satisfy the imminent-danger-of-serious-physical-injury standard, the Court
ordered Mr. Elmore to pay the $405.00 filing fee within 30 days. Doc. 5. The Order
specifically cautioned Mr. Elmore that his failure to pay the filing fee would result
in dismissal of his claims, without prejudice.
To date, Mr. Elmore has not paid the statutory filing fee and the deadline to
do so has passed.
III.

Conclusion:
IT IS THEREFORE RECOMMENDED THAT:

dismissal for failure to state a claim); Elmore v. King, et al., E.D. Ark. Case No. 4:24-cv00354-BRW (June 20, 2024 dismissal for same); and Elmore v. Does, et al., E.D. Ark.
Case No. 4:24-cv-00263-BSM (April 30, 2024 dismissal for same).

2

1.

Mr. Elmore’s complaint be DISMISSED, without prejudice, based on

his failure to: (1) comply with this Court’s December 2, 2024 Order requiring him
to pay the filing fee; and (2) prosecute this lawsuit.
2.

The Clerk be instructed to close this case.

Dated 7 January 2025.

___________________________________
UNITED STATES MAGISTRATE JUDGE

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