Toney v. Cash et al

Filing 23

ORDER RESCINDING 22 Order Revoking IFP status; Plaintiff's IFP status is reinstated pursuant to Text Only Order 6 entered on 1/11/18. This case is no longer stayed. Clerk is directed to collect the $350.00 filing fee from the Plaintiff. Signed by Honorable Barry A. Bryant on June 18, 2018. (hnc)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
JAMES LEONARD TONEY
v.

PLAINTIFF
Civil No. 6:17-cv-06130

SHERIFF MIKE CASH, et. al.

DEFENDANTS

ORDER
Before the Court is the issue of Plaintiff’s IFP status. On May 7, 2018, the Court revoked
Plaintiff’s status as a pauper based on research indicating Plaintiff had previously filed three
lawsuits which were dismissed as frivolous, malicious or failed to state a claim upon which relief
may be granted. The case was also stayed pending Plaintiff’s payment of the filing fee. (ECF No.
22). Based on Plaintiff’s responses to this revocation in other cases currently filed in this District,
the Court has gone back and determined that Plaintiff does not have three dismissals which would
count as strikes against him.
Accordingly, the Order Revoking Plaintiff’s IFP status and staying proceedings in the case
(ECF No. 22) is RESCINDED, and Plaintiff’s IFP status is reinstated pursuant to the Order of
January 11, 2018. (ECF No. 6). Pursuant to the provisions of the Prison Litigation Reform Act, the
clerk is directed to collect the $350.00 filing fee from the Plaintiff. The matter of service will be
determined at a later time.

Plaintiff is advised that he is required to immediately inform the Court of any change of
address. If Plaintiff is transferred to another jail or prison, he shall have 30 days from the
date of transfer in which to notify the Court of his new address. Plaintiff shall submit a change
of address on a separate piece of paper entitled "Notice to the Court of Change of Address" and
not include any motions or otherwise request relief in this document. The notice shall contain only

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information pertaining to the address change. Plaintiff’s case shall be subject to dismissal if he
fails to inform the Court of an address change.
The deadline to conduct discovery is extended until October 26, 2018. The deadline
to file dispositive motions is extended until November 23, 2018.
IT IS SO ORDERED this 18th day of June 2018.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE

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