Ashley v. Ginsburg

United States District Court for the Eastern District of Arkansas

Ashley v. Ginsburg

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION RICKY ASHLEY ADC #099718C PLAINTIFF v. CASE NO. 4:20-CV-01122-BSM RUTH BADER GINSBURG, U.S. Supreme Court Justice, et al. DEFENDANTS ORDER Ricky Ashley’s motions to proceed in forma pauperis [Doc. Nos. 1, 4] are denied. Ashley has at least three strikes under the PLRA. See Ashley v. Moody, 4:18-CV-00482 BRW (E.D. Ark. filed July 25, 2018); Ashley v. Moody, et al., 4:18-CV-00497 BSM (E.D. Ark. filed July 31, 2018); Ashley v. Moody., et al., 4:18-CV-00498 KGB (E.D. Ark. filed July 31, 2018). Other than the frivolous allegations that defendants attempted to infect him with

Covid-19 and urged him to kill himself, the complaint fails to allege that he is in imminent danger of serious physical injury. Denton v. Hernandez,

504 U.S. 25, 32-33

(1992); Vandiver v. Prison Health Services, Inc.

727 F.3d 580, 585

(6th Cir. 2013); See

28 U.S.C. § 1915

(g). This case is therefore dismissed without prejudice. If Ashley wants to pursue this

case, he has thirty days to pay the filing fee of $402 to the clerk, noting the above style and case number, along with a motion to reopen this case. This case will be reopened once the filing fee and the motion have been received. Ashley’s motion to appeal in forma pauperis [Doc. No. 9] is denied because it is not

in good faith. IT IS SO ORDERED this 7th day of December, 2020.

UNITED STATES DISTRICT JUDGE

Reference

Status
Unknown