Gardner v. Budnik et al

Filing 46

ORDER that Plaintiff's amended complaint is dismissed without prejudice 9 . All pending motions are denied as moot 34 . The Clerk shall close this case. Signed by Magistrate Judge Joe J. Volpe on 4/27/2016. (lej)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
WALLACE A. GARDNER, ADC # 110784
v.

PLAINTIFF

5:16CV00024-JJV

CHRISTOPHER BUDNIK, Deputy Warden,
Varner Unit; et al.

DEFENDANTS

ORDER
Wallace A. Gardner (“Plaintiff”) is a “three-striker” within the meaning of the Prison
Litigation Reform Act.1 I initially allowed him to proceed in forma pauperis after finding that his
allegations, taken as true, indicated he was in danger of imminent physical injury. (Doc. No. 10.)
Plaintiff’s in forma pauperis status was revoked on March 4, 2016, however, after I determined that,
based on Defendants’ evidence, he was not in physical danger. (Doc. No. 30.) At that time, I
directed Plaintiff to pay the full filing fee within fourteen days. (Id.) On March 22, 2016, Plaintiff
requested a sixty-day extension to tender the filing fee. (Doc. No. 39.) Later that day, I extended
the deadline by thirty days and cautioned Plaintiff that this would be the only extension he would
receive on this issue. (Doc. No. 40.) The deadline has now passed and Plaintiff has not submitted
the fee. He was warned that failure to pay the fee would result in this action being dismissed without
prejudice. (Doc. No. 30 at 2.)
IT IS, THEREFORE, ORDERED that:
1.

Plaintiff’s Amended Complaint (Doc. No. 9) is DISMISSED without prejudice.

2.

All pending motions are DENIED as moot.

3.

The Clerk of Court shall close this case.

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See Gardner v. Kelley, et al., 5:15CV00223-SWW; Gardner v. Hutchison et al.,
4:15CV00650-JLH; and Gardner v. Fox et al., 4:14CV00197-JM.
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DATED this 27th day of April, 2016.

____________________________________
JOE J. VOLPE
UNITED STATES MAGISTRATE JUDGE

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