Williams v. Free et al

Filing 9

ORDER DISMISSING CASE without prejudice and certifying that an ifp appeal would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 5/27/11. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION THELMA WILLIAMS ADC #93197 v. PLAINTIFF Case No. 5:10-cv-362-DPM-JJV L. FREE, B. SMALLWOOD, CURTIS MEINZER, and JIMMY BANKS DEFENDANTS ORDER On 16 February 2011, the Court denied Williams's motion to proceed in forma pauperis and directed him to pay the $350 filing fee within 30 days, Document No.6, based on Williams's status as a three-striker under the Prison Litigation Reform Act, 28 U.S.C. § 1915(g). Williams has failed to do so. In his Response, Williams states he cannot afford the filing fee and has "little or no means of support." Document No.8, at 2. In two unofficial grievances attached to a "brief motion to the courts," Williams claims to be in imminent danger. Document No.5, at 2-3. But"the requisite imminent danger of serious physical injury must exist at the time the complaint or the appeal is filed[.]" Martin v. Shelton, 319 F.3d 1048, 1050 (8th Cir. 2003). Williams's four-month old allegations show no imminent threat. So the statute's exception to the three-strikes rule does not apply. 28 U.S.C.A. § 1915(g) (West 2006). Williams's complaint is therefore dismissed without prejudice. An in forma pauperis appeal of this Order and Judgment would not be taken in good faith. 28 U.S.C. § 1915(a)(3). So Ordered. 11 D.P. Marshall Jr. United States District Judge -2­

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