Mosley v. Burle et al

Filing 15

ORDER approving and adopting 4 Recommended Disposition in its entirety as this Court's findings in all respects; denying Mr. Mosely's 6 motion for leave to proceed in forma pauperis; and dismissing without prejudice this case. Should M r. Mosley wish to continue to pursue this case and the claims he alleges, he must submit the statutory filing and administrative fees of $400 to the Clerk of the Court, noting the above case style number, within 30 days of the entry date of this Order, along with a motion to reopen. It is certified that and forma pauperis appeal from this Order would not be taken in good faith;. All other pending 9 10 motions are denied as moot. Signed by Judge Kristine G. Baker on 01/04/2016. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
TOMMY RAY MOSLEY
ADC #85548
v.

PLAINTIFF

Case No. 5:15-cv-00261 KGB/JTR

STEVE MILLER, Law Clerk
Maximum Security Unit, ADC, et al.

DEFENDANTS
ORDER

Plaintiff Tommy Ray Mosley, an inmate with the Arkansas Department of Correction,
has filed a pro se complaint (Dkt. No. 1), along with an application for leave to proceed in forma
pauperis (Dkt. No. 6). Magistrate Judge J. Thomas Ray issued a recommended disposition
finding that Mr. Mosley cannot proceed in forma pauperis because he is barred by the “three
strikes” rule of the Prison Litigation Reform Act, and he does not qualify for the imminent
danger exception (Dkt. No. 4). Mr. Mosely objected to the recommended disposition (Dkt. Nos.
7, 8).
The Court has reviewed the Recommended Disposition and the filed objections. After
carefully considering these documents and making a de novo review of the record in this case,
the Court approves and adopts the Recommended Disposition in its entirety as this Court’s
findings in all respects.
It is therefore ordered that:
1.

Mr. Mosely’s motion for leave to proceed in forma pauperis is denied (Dkt. No.

6), and the Court dismisses without prejudice this case.
2.

Should Mr. Mosley wish to continue to pursue this case and the claims he alleges,

he must submit the statutory filing and administrative fees of $400.00 to the Clerk of the Court,

noting the above case style number, within 30 days of the entry date of this Order, along with a
motion to reopen the case. Upon receipt of the motion and full payment, this case will be
reopened.
3.

It is certified, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this Order would not be taken in good faith.
4.

All other pending motions are denied as moot (Dkt. Nos. 9, 10).

Dated this 4th day of January, 2016.

________________________________
Kristine G. Baker
United States District Judge

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