Doering v. Kelley et al
ORDER: The Court vacates No. 3 , grants Doering's 1 IFP motion, and returns this case to the Magistrate Judge to handle payment details and screening. Signed by Judge D. P. Marshall Jr. on 6/6/2017. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
WENDY KELLEY, Director, Arkansas
Department of Correction; GRIFFEN,
Deputy Director, ADC; CORRECT CARE
SOLUTIONS, Health Care Provider; JASON
KELLEY, Health Services Administrator, Varner Unit,
ADC; STUCKEY, Doctor; POWELL, Infirmary
Manager; and HEATHER ALLEN, Varner Unit, ADC
Doering is a three-striker, a status he acknowledges. NQ 4 at 1. He
appeals the Magistrate Judge's denial of in forma pauperis status. Relying on
his HIV-positive condition, Doering says his claims-which involve alleged
denial of medical care and medication- bring him within the imminentdanger exception.
28 U.S.C. § 1915(g).
It's a close call.
But, in the
circumstances presented, the Court vacates NQ 3, grants Doering' s IFP motion,
NQ 1, and returns the case to the Magistrate Judge to handle payment
details and screening.
D.P. Marshall Jr.u
United States District Judge
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