Burge v. Doe et al

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
BILLY RAY BURGE, JR 	PLAINTIFF
#2762
V. 	Case No. 3:25-CV-00184-JM-BBM
DOE; and SHARP COUNTY
DETENTION CENTER 	DEFENDANTS
ORDER
The Court takes judicial notice of Burge v. Doe, 3:25-CV-00185-LPR-JTK (“Burge
I”)—a case submitted by Plaintiff Billy Ray Burge, Jr. on the same day he initiated this
separate action, Burge v. Doe, 3:25-CV-00184-JM-BBM (“Burge II”).
Burge is an inmate in the Independence County Detention Center. As such, to
proceed with his civil cases, he must “submit a certified copy of the trust fund account
statement (or institutional equivalent) for the prisoner for the 6-month period immediately
preceding the filing of the complaint...obtained from the appropriate official.” 28 U.S.C. §
1915(a)(2) (emphasis added). In both Burge I and Burge II, Burge submitted the required
documentation, purportedly completed by the Independence County Jail Administrator,
“Jennifer Sanders.” Burge I, (Doc. 8 at 2–3); Burge II, (Doc. 4 at 3–4). And he was granted
in forma pauperis (“IFP”) status. Burge I, (Doc. 10); Burge II, (Doc. 5).
However, in Burge I, Jail Administrator Jenniffer Sanders notified the Court that
she had not completed the documentation submitted by Burge. And his IFP status was
revoked in that case. Burge I, (Doc. 12). Having carefully reviewed the IFP Motion in this
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case, Burge II, (Doc. 4), the Court finds that it was also inappropriately completed on
Administrator Jenniffer Sanders’s behalf and thus, improvidently granted.
IT IS THEREFORE ORDERED THAT:
1. 	The Court’s Order granting IFP in this case, (Doc. 5), is withdrawn, and
Burge’s IFP status is revoked.
2. 	The Clerk is directed to send Burge a blank IFP Motion, including the
necessary Certificate and Calculation Sheet.
3. 	If Burge wishes to proceed with this action, he must, within thirty (30) days
of the date of this Order, either (1) pay the $405 administrative and filing fee in full or (2)
complete and sign the IFP Motion—including an initial filing fee Calculation Sheet or a
Certificate of Prisoner Trust Account that has been completed by an authorized detention
center official—and return it to the clerk.
4. 	Detention center officials are directed to assist Burge in completing the
Certificate and Calculation Sheet.
5. 	If Burge does not timely and properly comply with this Order, this case
may be dismissed without prejudice, pursuant to Local Rule 5.5(c)(2). 1
6. 	The Clerk is directed to send a copy of this Order to the Administrator of the
Independence County Detention Center.
1 Submitting falsified documentation to the Court may also be grounds for Rule 11 sanctions—up
to and including dismissal of the case with prejudice. See Fed. R. Civ. P. 11; Pope v. Fed. Exp. Corp., 49
F.3d 1327, 1328 (8th Cir. 1995) (Rule 11 monetary sanctions imposed for knowingly offering a falsified
document into evidence); Carman v. Treat, 7 F.3d 1379, 1380 (8th Cir. 1993) (pro se inmates’ civil rights
actions may be dismissed with prejudice for blatant misrepresentations or filing motions that are “not well
grounded in fact”).
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SO ORDERED this 29th day of October, 2025.
____________________________________
UNITED STATES MAGISTRATE JUDGE
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