Turner v. Lenderman et al

Filing 3

ORDER: The Court withdraws the reference. Turner's 1 Motion to proceed in forma pauperis denied. Turner's complaint will be dismissed without prejudice. If Turner wants to pursue this case, then he must pay the $400 filing and administrative fees and file a motion to reopen by 9/18/2017. An in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 8/18/2017. (jak)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION CARL STANLEY TURNER ADC #081306 v. PLAINTIFF No. 5:17-cv-188-DPM-JTR DIANE LENDERMAN, Bookkeeper; TAMMY ALLEN, Buisness Manger; and W. STRAUGHN, Warden, Cummins Unit, ADC DEFENDANTS ORDER 1. The Court withdraws the reference. 2. Turner moves to proceed in forma pauperis. NQ 1. But he's a three- striker. 28 U.S.C. § 1915(g). Before filing this lawsuit, he'd had at least three cases dismissed as strikes. E.g., Turner v. Edwards, 4:99-cv-392-GH; Turner v. Norris, 5:10-cv-246-JLH; Turner v . Flynn, 5:15-cv-167-JJV. And nothing in Turner's new complaint shows he's in imminent danger of serious physical injury. 28 U.S.C. § 1915(g). His motion to proceed in forma paupers, NQ 1, is therefore denied. 3. Turner's complaint will be dismissed without prejudice. If Turner wants to pursue this case, then he must pay the $400 filing and administrative fees and file a motion to reopen by 18 September 2017. An in forma pauperis appeal from this Order and accompanying Judgment would not be taken in taken in good faith. 28 U.S.C. § 1915(a)(3). So Ordered. D .P. Marshall Jr. United States District Judge -2-

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