Williams v. Mussioiq

United States District Court for the Eastern District of Arkansas

Williams v. Mussioiq

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION

THELMA WILLIAMS PLAINTIFF #09289.20

Vv. No. 4:20-cv-1238-DPM MUSSIOIQ, Sergeant, Pulaski County Jail; MUNNS, Nurse, Pulaski County Jail; COMPTON, Nurse, Pulaski County Jail; ATWOOD, Lieutenant 1900, Pulaski County Jail; NEWBURN, Sergeant, Pulaski County Jail; BANKS, Classification Office, Pulaski County Jail; ALLEN, Nurse, Pulaski County Jail; and YOUNG, Nurse, Pulaski County Jail DEFENDANTS

ORDER 1. The Court withdraws the reference. 2. Williams hasn’t paid the filing and administrative fees in this case; and his motion to proceed in forma pauperis is futile because he is a three-striker. Before filing this lawsuit, he’d had at least three cases dismissed for failing to state a claim. E.g., Williams v. Gibson, No. 5:07- cv-178-SWW; Williams v. Bennett, No. 5:07-cv-179-JMM; and Williams v. White, No. 5:10-cv-361-BSM. Further, Williams’s complaint, amended complaint, and supplement don’t show that he’s currently in imminent danger of serious physical injury. Doc. 2,4 & 5;

28 U.S.C. §1915

(g). Williams does claim that he suffered unnecessarily in connection with a bad tooth; but he acknowledges that the tooth was pulled on 27 October 2020, less than two weeks after this action was filed. Doc.5 at 10. Because the risk of imminent danger has ended, Williams may not proceed in forma pauperis. Doc. 31 in McAlphin v. McConnell, E.D. Ark. No. 5:19-cv-361-DPM. His motion, Doc. 3, is denied. 3. Williams’s motion to amend, Doc. 11, is denied. The events described in the proposed amendment occurred after Williams’s complaint was filed in October. Williams must exhaust his administrative remedies before he can file a lawsuit about those new events. Johnson v. Jones,

340 F.3d 624

, 627 (8th Cir. 2003). 4, Williams’s motion for copies, Doc. 6, is granted. As best the court can tell, Williams is requesting copies of his 9 November 2020 amended complaint and supplement, Doc. 4 & 5. The Court directs the Clerk to send Williams copies of those papers with this Order. 5. Williams’s complaint will be dismissed without prejudice. His motions for summary judgment, Doc. 7-10 & 12, are denied without prejudice as moot. If Williams wants to pursue this case, then he must pay the $400 filing and administrative fees and file a motion to reopen by 4 March 2021. An in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith.

28 U.S.C. § 1915

(a)(3).

So Ordered.

D.P. Marshall Jr. United States District Judge

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Reference

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