Ashley v. Ginsburg ( 2020 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION RICKY ASHLEY ADC #099718C PLAINTIFF v. CASE NO. 4:20-CV-01122-BSM RUTH BADER GINSBURG, U.S. Supreme Court Justice, et al. DEFENDANTS ORDER Ricky Ashley’s motions to proceed in forma pauperis [Doc. Nos. 1, 4] are denied. Ashley has at least three strikes under the PLRA. See Ashley v. Moody, 4:18-CV-00482 BRW (E.D. Ark. filed July 25, 2018); Ashley v. Moody, et al., 4:18-CV-00497 BSM (E.D. Ark. filed July 31, 2018); Ashley v. Moody., et al., 4:18-CV-00498 KGB (E.D. Ark. filed July 31, 2018). Other than the frivolous allegations that defendants attempted to infect him with Covid-19 and urged him to kill himself, the complaint fails to allege that he is in imminent danger of serious physical injury. Denton v. Hernandez, 504 U.S. 25, 32-33 (1992); Vandiver v. Prison Health Services, Inc. 727 F.3d 580, 585 (6th Cir. 2013); See 28 U.S.C. § 1915(g). This case is therefore dismissed without prejudice. If Ashley wants to pursue this case, he has thirty days to pay the filing fee of $402 to the clerk, noting the above style and case number, along with a motion to reopen this case. This case will be reopened once the filing fee and the motion have been received. Ashley’s motion to appeal in forma pauperis [Doc. No. 9] is denied because it is not in good faith. IT IS SO ORDERED this 7th day of December, 2020. UNITED STATES DISTRICT JUDGE