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

RONNIE NIXON PLAINTIFF

v. Case No. 3:23-cv-000011-KGB

RON HUNTER, District Judge, Poinsett County, et al. DEFENDANTS

ORDER Plaintiff Ronnie Nixon filed a pro se complaint on January 10, 2023, against defendants Ron Hunter, Tasha Jamerson, and the Trumann Police Department (Dkt. No. 1). Mr. Nixon neither moved to proceed in forma pauperis nor paid the filing fee (Dkt. No. 1). The Prison Litigation Reform Act (“PLRA”) provides that a prisoner cannot proceed in forma pauperis “if the prisoner has on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.”

(g). Prior to filing this lawsuit on January 10, 2023, Mr. Nixon filed at least three actions that were dismissed for failing to state a claim upon which relief may be granted. See Nixon v. Mills, et al., Case No. 3:10-cv-12-BSM; Nixon v. Cox, Case No. 3:17-cv-122-BRW; Nixon v. Hitt, et al., Case No. 3:17-cv-138-JM. Nevertheless, Mr. Nixon may proceed in forma pauperis if he falls under the “imminent danger” exception to the three strikes rule. See

(g) (providing that three strikers should be granted permission to proceed in forma pauperis if they are “under imminent danger of serious physical injury”); Ashley v. Dilworth,

(8th Cir. 1998) (explaining that the exception applies only if the prisoner is in imminent danger “at the time of filing” and that “[a]llegations that the prisoner has faced imminent danger in the past are insufficient’). The instant pro se complaint is written in the first person and signed by three individuals, including Mr. Nixon. To the extent that Mr. Nixon brings the instant lawsuit on behalf of himself, Mr. Nixon alleges that he was arrested pursuant to a falsified police report (Dkt. No. 1). Mr. Nixon has made no allegation that he is in imminent danger of serious physical injury at the time he filed his complaint. Accordingly, the imminent danger exception does not apply. Dilworth, 147F.3d at 717. The Court dismisses this case due to Mr. Nixon’s failure to pay the filing fee. Mr. Nixon has 30 days to reopen this case by paying the $402 filing fee in full. It is therefore ordered that: 1. Mr. Nixon’s complaint is dismissed without prejudice (Dkt. No. 1). 2. Mr. Nixon has 30 days from the date of this order in which to reopen this case by paying the $402 filing fee in full. 3. The Court directs that the Clerk of Court substitute Mr. Nixon’s complaint with Court’s Exhibit A, which contains a redacted version of page 6 of Mr. Nixon’s complaint that redacts the Social Security number and date of birth from the complaint (Dkt. No. 1, at 6). See Court’s Exhibit A. 4. The Court certifies, pursuant to

(a)(3), that an in forma pauperis appeal from this Order or the accompanying Judgment would not be taken in good faith. It is so ordered this 15th day of May, 2023. Bu shh □ 4 . Prlus_ Kristine G. Baker United States District Judge

EXHIBIT | LD YW ror \\ {' \] A brs as: Court □□ FORM TO BE USED BY PRISONERS IN FILING A COMPLAINT 7s! + <SSUN DER THE CIVIL RIGHTS ACT,

AR ; □ 103 □□□ □□ A 10°01 IN pup UNITED STATES DISTRICT couRT , FILED eccseay ue pee FOR THE EASTERN DISTRICT OF ARKANSASASTERN DS □□□□ COURT TAMMY H HGWRS T ARKANS DIVISION JAN'L 0 2023 CASE NO. _3:23-cv-00011-KGB TANI □□ Jury Trial: 0 Yes ve (Check One) L Parties In-item A below, place your full name in the first blank and place your present address in the second blank. Do the same for additional plaintiffs, if any. A. Name of plaintiff: “Jaca Easal ADC # i 2. ——— Thenen At Address: □□ O □□ S harron □□ 22 □□ V2 Name of plaintiff: ADC # . . Lo, his case assigned to District Judge Baker Address: and to Magistrate Judge Ray Name of plaintiff: ADC # Address: See In item B below, place the full name of the defendant in the first blank, his official position in the second blank, his place of employment in the third blank, and his address in the fourth blank. B. Name of defendant: p On Ru Aster Position: [) i 9 cfr ct J hr d Ge, ‘

Place of employment: | Vit . ea Cc 0 ; Address: ei ke by Arnel tOnA A Ve Tn Oo A □□ Name of defendant: | ASA J Citi Cd ' Se nM / Position: DisArie + (6or+ Clel - 7 DB PRR IM WT Trotman, Ce □ An ag ea

Place of employment: Teo MOAR DA OD / Saric4t □□□□ he DX. 7 Address: 22 > An cfs dn Va Trea Pare Al Bs op wk Name of defendant: A?’ f+ to Nnwt it ante a x Can ye 2 kk Position: OD { G ily iY FS EC: [ 3 j AS ++ £0: a P30 pans □□□□ Place of employment: “\ “ Aina aa AR U | YY vel e+ □□□□□ Address: “aD. = 5 MAC ton AVE Thain M □□□ Ag Name of defendant: 9 Ta SAA J mn" CL Soa ‘ ' a Position: O! Sip c+ COU on e(er K Place of employment: O po Alc + GC Om FL

Address: Z| MCA +h. Ve \e Armaan fa 7 I. Are you suing the defendants in: O official capacity only O personal capacity only both official and personal capacity III. | Previous lawsuits A. — Have you begun other lawsuits in state or federal court dealing with the same facts involved in this action? Yes S No __ □

B. If your answer to A is yes, describe the lawsuit in the space below. (If there is more than one lawsuit, describe the additional lawsuits on another piece of paper, using the same outline.) O Parties to the previous lawsuit: Plaintiffs: Yn □□□ Call

Defendants: Le Bon eyaber Left < A . Q Dayan OPE □□□ 0 AParann pb wr et SAD.) □□

Oo Court (if federal court, name the district; if state court, name the county): Roop Hr ntkc oi Str cs Court Oo Docket Number: (oi ‘N ce + + Cp) - O Name of judge to whom case was assigned: E fron LA ln Pt O Disposition: (for example: Was the case dismissed? Was it appealed? Is it still pending?) O Approximate date of filing lawsuit: 17 / | "DJ AG oO Approximate date“6f disposition: __]“, Ji 2 / D2

IV. Place of present confinement:

V. At the time of the alleged incident(s), were you: (check appropriate blank) in jail and still awaiting trial on pending criminal charges [ J serving a sentence as a result of a judgment of conviction in jail for other reasons (e.g., alleged probation violation, etc.) explain: ee

VI. The Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e, requires complete exhaustion of administrative remedies of all claims asserted, prior to the filing of a lawsuit. There is a prisoner grievance procedure in the Arkansas Department of Correction, and in several county jails. Failure to complete the exhaustion process provided as to each of the claims asserted in this complaint may result in the dismissal without prejudice of all the claims raised in this complaint. A. Did op grievance or grievances presenting the facts set forth in this complaint? Yes No B. Did you completely exhaust the grievance(s) by appealing to all levels within the grievance procedure? ;

- 6 -

Yes [ / No If not, why?

VII. Statement of claim State here (as briefly as possible) the facts of your case. Describe how each defendant is involved. Include also the names of other persons involved, dates, and places. Do not give any legal arguments or cite any cases or statutes. If you intend to allege a number of related claims, number and set forth each claim in a separate paragraph. (Use as much space as you need. Attach extra sheets if necessary.) t 7 & ELI @ Goodma, CDF Trimaan AK, 72092 Soe0 Filet Our oo Police Refors then Jig an _wecbalo Jetiting tho She Aa__fals¢ At, lm Kore On fLalt inhtibeannvt tL Wwoald L 6 fol +n v7 Cour — 6 P Pea. ) ANG IS po Pct Day + an Aore, For Sup bering flan Cimte 5 rg i and Abo Th fine Uy C Wer — Awar flon m* Fos py Clann Na OSeS tO Nn a li Ving Sy = lose

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VIII. Relief :

State briefly exactly what you want the court to do for you. Make no legal arguments. Cite no cases or Statutes. 4 [Soo@ Jer Out oF 1AC0 (lestsiac fon £ ose Lo 00 Brame a4 In ol ffer AD 0

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Executed on this Zz "is of OC COmier ,wAA Yor ob Cary beer Ronnie Mitan _ bee cee cho Signature(s) of plaintiff(s)

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a . Sheet Locati , JACOB KYLE (25174) D-04

Info Ids Appearance 12/2/2022 1:23 PM SSN: ee Male N/A “FilelD: 25174 Caucasian - Other skin tone # 5 1D’ 221212-355021 ee Beers (None) Brown hair Above Ears . 6’ 0" tall Information } - 407 CHERRY □□ Runa) Small build i Save □□□ 7 Age: 24 Marital Status: Unmarried Scars/Marks/Tattoos: JONESBORO, AR Information Inmate Flags Override Date 12/12/2022 1:10:46 PM Tracking # Location Agency TRUMANN POLICE DEPARTMENT Officer DAVISON. Officer Simons, Tabitha Notes Officer Notes Notes Contacts eee Name Relationship Next Of Kin Appr. Visor Phone Address JANET Acquaintance No Yes 407 CHERRY TRUMANN, AR

Charge Court Court Date Bond Status Bond Amount Cleared Fing Amt Pa 41 Count: COMMITMENT / Poins-ztt County 12/42/2022 1:14PM Cash $0.00 No $0.00 □□ TRUMANN Circuit Court Arraignment Court Date Arraignment Judge

Total Bond: $0.00 Total Fine: $0.00

Notes Cleared

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