Barnes v. Hobbs et al
ORDER denying 23 MOTION to Reopen Case and 24 Motion for Leave to Proceed In Forma Pauperis. Signed by Judge Kristine G. Baker on 6/30/2017. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
GUY CLAYTON BARNES
Case No. 5:14-cv-159 KGB-JJV
RAY HOBBS, et al.
Before the Court are plaintiff Guy Clayton Barnes’s second motion to reopen case and
second motion for leave to proceed in forma pauperis (Dkt. Nos. 23, 24). This case was closed on
December 10, 2014, when this Court adopted United States Magistrate Judge Joe J. Volpe’s
Proposed Findings and Recommendations and issued Judgment dismissing without prejudice the
action (Dkt. Nos. 19, 20). Subsequently, Mr. Barnes filed his first motion to reopen case, which
this Court denied (Dkt. Nos. 21, 22).
For his second motion to reopen case, Mr. Barnes appears to argue, mistakenly, that this
Court had previously given him leave to file a motion to reopen case (Dkt. No. 23, ¶ 4). This Court
has not given Mr. Barnes permission to do so. Mr. Barnes does not otherwise make any new
contentions in support of his motion to reopen case. The Court sees no basis to reconsider its prior
decisions dismissing without prejudice Mr. Barnes’s claims. Therefore, the Court denies Mr.
Barnes’s motion to reopen case (Dkt. No. 23).
As for Mr. Barnes’s second motion for leave to proceed in forma pauperis in this action
(Dkt. No. 24), the Court denies the motion. Previously, this Court granted Mr. Barnes’s motion
for leave to proceed in forma pauperis in this action (Dkt. No. 1).
However, this Court then
revoked Mr. Barnes’s in forma pauperis status because Mr. Barnes is a “three-striker” under the
Prison Litigation Reform Act (“PLRA”), 28 U.S.C. § 1915(g) and does not qualify for one of the
exceptions (Dkt. Nos. 15, 17, 19). Mr. Barnes was ordered to pay the full statutory filing fee of
$400.00 within a set amount of time to proceed with this action; he failed to do so. As a result, the
Court dismissed this action without prejudice (Dkt. Nos. 17, 19). Mr. Barnes now moves again
for in forma pauperis status, submitting financial paperwork in an effort to qualify. Finances do
not preclude Mr. Barnes from being granted in forma pauperis status. Instead, because he is a
“three-striker” under the PLRA and does not satisfy any one of the exceptions set forth under the
PLRA, this Court denies his request for in forma pauperis status here.
It is so ordered this the 30th day of June, 2017.
Kristine G. Baker
United States District Judge
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