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

CARLOS RAY FRAZIER PLAINTIFF

VS. No. 4:24-cv-00802-BRW

JACKSON, Sheriff, Jefferson County, et al. DEFENDANTS

ORDER

On September 19, 2024, pro se Plaintiff Carlos Ray Frazier, an Arkansas Division of Correction (“ADC”) inmate, filed this action under

Because Mr. Frazier is a “three-striker,”2 he can proceed in forma pauperis only if he is currently in imminent danger of serious physical injury.3 Mr. Frazier alleges past incidents of being “jumped” by inmates and sprayed with mace.4 These alleged facts and claims are insufficient to reasonably suggest that Mr. Frazier faces an imminent danger of serious physical injury. Based on Mr. Frazier’s status as a three-striker and his failure to satisfy the imminent- danger-of-serious-physical-injury stander, by Order dated September 26, 2024, he was ordered to

1 Doc. 2. 2 The following dismissals are “strikes” for purposes of

(g): Frazier v. Baker, et al., No. 4:22-CV-00614-JM (E.D. Ark. Sept. 21, 2022) (dismissed for failure to state a claim); Frazier v. Craig, et al., No. 4:22-CV-00641-BRW (E.D. Ark. Oct. 5, 2022) (dismissed for failure to state a claim); Frazier v. Sloan, No. 4:22-CV-00661-BSM (E.D. Ark. Sept. 21, 2022) (dismissed for failure to state a claim); Frazier v. Guynn, et al., No. 4:22-CV-00691-BRW (E.D. Ark. Aug. 16, 2022) (dismissed for failure to state a claim). 3 See

(g); Ashley v. Dilworth,

(8th Cir. 1998). 4 Doc. 2 at 6–12. pay the $405 filing and administrative fees within 30 days.5 The Order specifically cautioned Mr. Frazier that his failure to timely pay the filing and administrative fees would result in dismissal of his claims without prejudice.6 To date, Mr. Frazier has not complied with the Court’s September 26 Order, and the time to do so has passed. I withdraw the reference. Mr. Frazier’s complaint is DISMISSED without prejudice based

on his failure to comply with the Court’s September 26, 2024 Order and prosecute this lawsuit. The Clerk of the Court is instructed to close this case. I certify that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith.7 IT IS SO ORDERED this 12th day of November, 2024.

_____B_I_L_L_Y__ R__O_Y_ _W__I_L_S_O_N___________ UNITED STATES DISTRICT JUDGE

5 Doc. 3. 6 Id. at 3. 7

(a)(3).