DEMOS v. USA

Filing 4

Opinion and Order denying 2 Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (dls) Copy to parties.

ORIOINAI.
lJntltt @nitel $rtatts

@ourt of

frlrrsl

@lsimg

FILED

Pro Se

ocl - I

)

JOHN ROBERT DEMOS, JR.,

)

Plaintifl

)
)

)
)
THE UNITED STATES OF

AMERICA,

Defendant.

2015

U.S. COURT OF
FEDERAL CI.AIMS

No. l5-1058C
(Filed: October 1,2015)

)
)

)
)
)
)

)

OPINION AND ORDER
On September 18,2015, Plaintiff (who is incarcerated) filed a complaint in the United
States Coufi of Federal Claims along with a motion to proceed in forma pauperis. In the federal
courts, proceedings in forma pauperis are govemed by 28 U.S.C' $ 1915. Under $ 1915(g), a
prisoner may not bring an action proceeding in forma pauperis if the prisoner:

[H]as, on 3 or more prior occasions, while incarcerated or detained in any
facility, brought an action or appeal in a court of the United States that was
dismissed on the grounds that it is frivolous, malicious, or fails to state a claim
upon which relief may be granted, unless the prisoner is under imminent
danger of serious physical injury.

Mr. Demos easily clears this bar. see Final order, Demos v. united States, No. 07-28C (Fed. Cl.
Feb.22,2007) (Braden, J.) (discussing nine actions or appeals filed by Mr. Demos that were
dismissed as frivolous, malicious, or failing to state a claim upon which relief may be granted,
and dismissing his complaint under $ 1915(g)); see also Demos v. Keating, 33 F. App'x 918,
919-20 (lOth cir.2002) (describing Mr. Demos as a "most frequent filer" who had filed over
134 lawsuits throughout the United States as of 2002). Thus, under $ 191 5(g), he may not bring
this action proceeding in forma pauperis.
Accordingly, the Clerk of the Court is directed to DISMISS Plaintiff s complaint without
oreiudice.

,:

IT IS SO ORDERED.

Judge