Wennerstein v. Southern

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS DELTA DIVISION JAMES E. WENNERSTEIN PLAINTIFF ADC #163817

v. CASE NO. 2:25-CV-00084-BSM LINDA SOUTHERN, et al. DEFENDANTS ORDER A recommended disposition [Doc. No. 37] and James Wennerstein’s objections [Doc. No. 40] to that recommended disposition have been filed. Despite the fact that Wennerstein has filed a notice of interlocutory appeal [Doc. No. 41] of the order [Doc. No. 29] denying his petition for class action status, the recommended disposition is ripe for review because the factors to consider when deciding whether to stay a case pending appeal of a class certification ruling weigh against staying this case. See Stuart v. State Farm Fire & Cas. Co., No. 4:14-cv-4001, 2017 WL 5952872, at *2 (W.D. Ark. Jan. 25, 2017) (setting forth the four-factor analysis).

Accordingly, after de novo of the record and the underlying cases that Wennerstein asserts cannot be counted as strikes so as to render him a three-striker, United States Magistrate Judge Jerome T. Kearney’s recommended disposition is adopted, defendants’ motion to revoke IFP status [Doc. No. 33] is granted, Wennerstein’s in forma pauperis status is revoked, and his complaint is dismissed without prejudice.

If Wennerstein wishes to continue this case, he is required to submit the statutory filing and administrative fee of $405 to the clerk, noting the above case style and number within fifteen days of this order together with a motion to reopen the case. Upon receipt of the motion and full payment, the case will be reopened. It is certified, pursuant to 28 U.S.C. section 1915(a)(3), that an in forma pauperis appeal from this order and accompanying judgment would not be taken in good faith. IT IS SO ORDERED this 23rd day of July, 2025.

. C ‘ Biron A In UNITED STATES DISTRICT JUDGE