Stanley v. Does

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
JIMMY DEWAYNE STANLEY 	PLAINTIFF
V. 	Case No. 4:25-CV-01148-JM-BBM
DOES 	DEFENDANTS
RECOMMENDED DISPOSITION
The following Recommended Disposition (“Recommendation”) has been sent to
United States District Judge James M. Moody Jr. You may file written objections to all or
part of this Recommendation. If you do so, those objections must: (1) specifically explain
the factual and/or legal basis for your objection; and (2) be received by the Clerk of this
Court within fourteen (14) days of the date of this Recommendation. If you do not file
objections, 	Judge 	Moody 	may 	adopt 	this 	Recommendation 	without 	independently
reviewing all of the evidence in the record. By not objecting, you may waive the right to
appeal questions of fact.
I. 	INTRODUCTION
On November 3, 2025, Plaintiff Jimmy Dewayne Stanley, an inmate in the Drew
County Detention Facility (“DCDF”), filed a pro se Complaint under 42 U.S.C. § 1983,
alleging violations of his Sixth Amendment rights. (Doc. 1). Stanley did not pay the filing
fee or file a motion for leave to proceed in forma pauperis (“IFP Motion”). Because Stanley
is ineligible to proceed in forma pauperis, it is recommended that this case be dismissed
without prejudice to Stanley’s ability to reopen by paying the $405 filing fee in full.
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II. 	DISCUSSION
Under the Prison Litigation Reform Act, prisoners may not proceed in forma
pauperis if, on three or more prior occasions while they were detained, they had an action
or appeal dismissed as frivolous, malicious, or for failure to state a claim. 28 U.S.C.
§ 1915(g). Stanley has had at least three cases dismissed for one of those reasons. See
Stanley v. Jefferson Comprehensive Care Clinic, 4:25-CV-00674-JM (E.D. Ark. July 11,
2025) (dismissed for failure to state a claim); Stanley v. Drew Memorial Hospital, 4:25-
CV-00679-BSM (E.D. Ark. Aug. 1, 2025) (same); Stanley v. Sherril, 4:25-CV-00712-JM
(E.D. Ark. Sept. 8, 2025) (same); Stanley v. Health-Care Pharmacy, 4:25-CV-00714-JM
(E.D. Ark. Aug. 4, 2025) (same).
Because Stanley is a “three-striker,” he can proceed in forma pauperis only if he
was in imminent danger of serious physical injury at the time he filed his Complaint. See
28 U.S.C. § 1915(g); Ashley v. Dilworth, 147 F.3d 715, 717 (8th Cir. 1998). “Absent
specific fact allegations of ongoing serious physical injury, or of a pattern of misconduct
evidencing the likelihood of imminent serious physical injury,” three-strikers do not satisfy
the imminent-danger-of-serious-physical-injury exception to proceed in forma pauperis.
Martin v. Shelton, 319 F.3d 1048, 1050 (8th Cir. 2003).
Stanley alleges that, in September and October 2025, he was unable to get five
letters mailed to the United States District Court, despite asking various DCDF employees
for help. (Doc. 1 at 1). These allegations in no way show that Stanley is in danger of
physical injury. Accordingly, Stanley may not proceed in forma pauperis in this action.
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And it is recommended that Stanley’s Complaint be dismissed without prejudice pending
payment of the $405.00 filing and administrative fees.
III. 	CONCLUSION
IT IS THEREFORE RECOMMENDED THAT:
1. 	Stanley’s Complaint, (Doc. 1), be DISMISSED without prejudice.
2. 	If Stanley wishes to continue this case, he be required, within thirty days of
any order and judgment adopting this Recommendation, to submit the statutory filing and
administrative fees of $405.00 to the Clerk of the Court along with a motion to reopen the
case.
3. 	The Court CERTIFY, pursuant to 28 U.S.C. § 1915(a)(3), that any in forma
pauperis appeal would not be taken in good faith.
DATED this 5th day of November, 2025.
____________________________________
UNITED STATES MAGISTRATE JUDGE
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