IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION PATRICK L. SHERMAN PLAINTIFF ADC # 096304

Vv. No. 4:24-cv-1042-DPM

JOHN FELTS, Chair, Arkansas Post Prison Transfer Board; BRENT MORGAN, Member, Arkansas Post Prison Transfer Board; LONA MCCASTLAIN, Director, Arkansas Post Prison Transfer Board; WILLIE ROBINSON, Member, Arkansas Post Prison Transfer Board; ANDY SHOCK, Member, Arkansas Post Prison Transfer Board; WENDY LYALS, Member, Arkansas Post Prison Transfer Board; SARAH HUCKABEE SANDERS, Governor, Arkansas; and DOUG SMITH, Member, Arkansas Post Prison Transfer Board DEFENDANTS

ORDER Sherman’s motion for recusal, Doc. 8, is denied. The Clerk opened individual cases for Sherman and the other plaintiffs listed in his complaint because none of them are lawyers and they can only represent themselves pro se. No one knowing all the material facts could reasonably question my (or Magistrate Judge Ervin’s)

impartiality.

(a). Sherman’s frustration with case handling, and his unfounded accusation of foot-dragging, aren’t valid bases for recusal. Dossett v. First State Bank,

(8th Cir. 2005). His motion for copies, Doc. 11, is granted. The Court directs the Clerk to send Sherman a copy of Doc. 10. His other motions, Doc. 9 & 10, are denied. The three-strike provision doesn’t violate Sherman’s right of access to the courts. Higgins v. Carpenter,

, 799-800 (8th Cir. 2001). And, for the reasons previously stated, Doc. 5 at 1-2, Sherman cannot proceed in forma pauperis in this case. So Ordered.

D.P. Marshall Jr. United States District Judge

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