Frederick Banks v. Antitrust Division, et al

Filing

PER CURIAM OPINION FILED - THE COURT: Raymond W. Gruender, Pasco M. Bowman and Michael J. Melloy (UNPUBLISHED); Granting [4071513-2] motion to proceed on appeal in forma pauperis filed by Appellant Mr. Frederick Banks. [4083174] [13-2864]

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 13-2864
___________________________
Frederick Banks
lllllllllllllllllllll Plaintiff - Appellant
v.
Antitrust Division, and all Defendants whose last names begin A-D;
Environmental and Natural Resources Division, and all Defendants whose last
names begin with E-H; US National Central Bureau, INTERPOL and all
Defendants whose last names begin with I-M; Norvel, and all Defendants whose
last names begin with N-Q; Roberts, and all Defendants whose last names begin
with R-U; Voting Section 307-2767, and all Defendants whose last names begin
with V-Z
lllllllllllllllllllll Defendants - Appellees
____________
Appeal from United States District Court
for the Eastern District of Arkansas - Little Rock
____________
Submitted: October 2, 2013
Filed: October 7, 2013
[Unpublished]
____________
Before GRUENDER, BOWMAN, and MELLOY, Circuit Judges.
____________
PER CURIAM.

Appellate Case: 13-2864

Page: 1

Date Filed: 10/07/2013 Entry ID: 4083174

Pennsylvania resident Frederick Banks appeals from an order of the District
Court dismissing his pro se civil-rights action prior to service. We grant Banks’s
motion to proceed in forma pauperis on appeal. We also affirm the dismissal of his
complaint, see 8th Cir. R. 47A(a), but we modify the filing restriction that the District
Court imposed on Banks to read as follows:
1

Frederick Banks is hereby enjoined from filing any civil action in the
United States District Court for the Eastern District of Arkansas without
first obtaining leave of that court. In seeking leave to file, Banks must
certify that the claim or claims he wishes to present are new claims
never before raised and disposed of on the merits by any federal court.
Banks must also certify that the claim or claims are not frivolous,
malicious, or brought in bad faith. Additionally, Banks must cite or
affix a copy of this opinion to any motion for leave to file a claim.
Failure to comply strictly with the terms of this injunction will be
sufficient grounds for summarily denying leave to file or dismissing any
action filed.
The judgment is affirmed.
______________________________

1

The Honorable Brian S. Miller, Chief Judge, United States District Court for
the Eastern District of Arkansas.
-2-

Appellate Case: 13-2864

Page: 2

Date Filed: 10/07/2013 Entry ID: 4083174