Gary Lynn Conley v. Arkansas Division of Correction, et al.

Summary

A United States magistrate judge recommends dismissal without prejudice of Gary Lynn Conley’s civil rights action alleging excessive force and failure to protect. The recommendation concludes that Conley had three qualifying strikes under 28 U.S.C. § 1915(g), did not satisfy the imminent-danger exception, and failed to pay the required filing fee after being denied in forma pauperis status. The recommendation also advises that an appeal from an adopting order would not be taken in good faith.

Holdings

1. The allegations did not satisfy the imminent-danger exception because the alleged uses of force occurred months before filing, the alleged assailant no longer worked for the Arkansas Division of Correction, and the allegations of possible future harm were conclusory and vague.
2. The magistrate judge recommended dismissing the complaint without prejudice because Plaintiff did not pay the filing fee after his motion to proceed in forma pauperis was denied and the court's deadline expired.

Questions Presented

1. Whether Plaintiff qualified for the imminent-danger exception to the three-strikes bar in 28 U.S.C. § 1915(g).
2. Whether the action should be dismissed without prejudice after Plaintiff failed to pay the filing fee following denial of in forma pauperis status.

Disposition

other