Kennedy v. May et al

Filing 3

ORDER DISMISSING complaint without prejudice. The Court certifies that an in forma pauperis appeal from this Order and the related Judgment would not be taken in good faith. If he wishes to pursue this case, he must pay $400.00 (the statutory filing and administrative fees) and file a motion to reopen the case by 7 February 2014. Signed by Judge D. P. Marshall Jr. on 1/13/14. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JEREMY KENNEDY ADC #93061 v. PLAINTIFF No: 5:13-cv-397-DPM-HDY LARRY MAY, Deputy Director, ADC; GREG HARMON; Warden, Wrightsville Unit, ADC; and JANE DOE, Records Department Supervisor DEFENDANTS ORDER Kennedy has not paid the filing and administrative fees in this § 1983 case. In Kennedy v. Luckett, 5:05-cv-104, the Court found that he was a threestriker under the PLRA. 28 U.S.C. § 1915(g). He has filed at least three cases that were dismissed for failure to state a claim upon which relief may be granted. Kennedy v. Byers, 5:04-cv-8; Kennedy v. Minor, 5:04-cv-46; Kennedy v. Barker, 5:93-cv-489. The exception to the three-strikes provision does not apply because Kennedy has not alleged that he is in imminent danger of serious physical injury. 28 U.S.C. § 1915(g). Kennedy's complaint is dismissed without prejudice. The Court certifies that an in forma pauperis appeal from this Order and the related Judgment would not be taken in good faith. If he wishes to pursue this case, he must pay $400.00 (the statutory filing and administrative fees) and file a motion to reopen the case by 7 February 2014. So Ordered. D.P. Marshall Jr. United States District Judge 2

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