Ashley v. Arnold
Ashley v. Arnold
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION RICKEY ASHLEY PLAINTIFF ADC #099718C v. CASE NO. 4:21-CV-00608-BSM GARY M. ARNOLD, et al. DEFENDANTS ORDER Ricky Ashley’s motions to proceed in forma pauperis [Doc. Nos. 1, 4, and 18] are denied. Ashley has received at least three strikes under 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). Ashley alleges that defendants are involved in a widespread “conspiracy against black citizens” that includes murders, attempts to infect Ashley with Covid-19, and the taking of black inmates’ stimulus checks, among
other things. Doc. No. 2; Doc. No. 5. These allegations are frivolous. Denton v. Hernandez,
504 U.S. 25, 32-33(1992); Vandiver v. Prison Health Services, Inc.
727 F.3d 580, 585(6th Cir. 2013). Neither Ashley’s complaint nor proposed amended complaint reflect that Ashley is in imminent danger of serious physical injury. See
28 U.S.C. § 1915(g). Accordingly, this case is dismissed without prejudice. Ashley’s motion for summary
judgment [Doc. No. 3] and motion to amend [Doc. No. 5] are denied. If Ashley would like to continue with this case, he must first pay the filing fee of $402 to the clerk, noting the above style and case number, within thirty days of the date of this order along with a motion to reopen this case. Upon receipt of the full filing fee and his motion, this case will be reopened. An in forma pauperis appeal from this order and accompanying judgment would not be taken in good faith. IT IS SO ORDERED this Sth day of October, 2021.
UNITED Cs DISTRICT JUDGE
Reference
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