Summary
This Proposed Findings and Recommendations from the U.S. District Court for the Eastern District of Arkansas addresses a pro se civil rights complaint filed by an incarcerated plaintiff under 42 U.S.C. § 1983. The magistrate judge recommends dismissing the action and denying the plaintiff's motion to proceed in forma pauperis because he qualifies as a "three-striker" under the Prison Litigation Reform Act without meeting the "imminent danger" exception. The court finds that the plaintiff's allegations do not demonstrate a current threat of serious physical injury sufficient to overcome the statutory bar.
Topics
Practice areas
Questions Presented
- Whether Plaintiff qualifies for the imminent‑danger exception to the PLRA three‑striker bar.
- Whether Plaintiff’s motion to proceed in forma pauperis should be denied.
Holdings
- Plaintiff is a three‑striker under 28 U.S.C. §1915(g) and does not demonstrate an imminent danger of serious physical injury; therefore the complaint must be dismissed.
- The motion to proceed in forma pauperis is denied as moot because Plaintiff does not meet the imminent‑danger exception.
Key quotations
“The Court must dismiss a complaint or portion thereof if the prisoner has raised claims that: (a) are legally frivolous or malicious; (b) fail to state a claim upon which relief may be granted; or (c) seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. §1915A(b).” (N/A)
Factual background
Jeffrey Elmore, an inmate at the Barbara Ester Unit of the Arkansas Division of Correction, alleges that on December 31, 2024 he was attacked by a cellmate at the Cummins Unit. He claims the Cummins Unit staff, including Latoya Johnson, failed to protect him. Elmore has previously had three prisoner‑civil‑rights complaints dismissed as frivolous or failing to state a claim.
Procedural history
Plaintiff filed a pro se civil rights action under 42 U.S.C. §1983 and a motion to proceed in forma pauperis. The district court screened the complaint under 28 U.S.C. §§1915(a)‑(g).
Remand instructions
Plaintiff may submit the statutory filing and administrative fee of $405.00 to the Clerk within fifteen (15) days, together with a motion to reopen the case; upon receipt, the case will be reopened.