Moon v. Cape Girardeau County Sheriff's Department et al

Filing 8

MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [Doc. #2] is DENIED. IT IS FURTHER ORDERED that this action is DISMISSED, without prejudice, pursuant to 28 U.S.C. § 1915(g).An Order of Dismissal shall accompany this Memorandum and Order. Signed by Honorable Stephen N. Limbaugh, Jr on 7/22/2011. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
DARNELL WESLY MOON,
Plaintiff,
v.
CAPE GIRARDEAU COUNTY
SHERIFF’S DEPARTMENT, et al.,
Defendants.

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No. 1:11-CV-0128-LMB

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s motion to proceed in forma
pauperis. Plaintiff, a prisoner, has filed at least three previous cases that were
dismissed as frivolous, malicious, or for failure to state a claim.1 Under 28 U.S.C.
§ 1915(g), therefore, the Court may not grant the motion unless plaintiff “is under
imminent danger of serious physical injury.”
After reviewing the complaint, the Court finds no allegations that would show
that plaintiff is in imminent danger of serious physical injury. As a result, the Court
will deny the motion and will dismiss this action without prejudice to refiling as a
fully-paid complaint.
Accordingly,

1

See Moon v. United States of America, 1:09-CV-0006-RWS (E.D. Mo.); Moon v. National
Asset Recovery Services, Inc., 4:09-CV-0117-DDN (E.D. Mo.); and Moon v. National Recovery
Services, Inc., 4:09-CV-1129-DDN (E.D. Mo.).

IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma
pauperis [Doc. #2] is DENIED.
IT IS FURTHER ORDERED that this action is DISMISSED, without
prejudice, pursuant to 28 U.S.C. § 1915(g).
An Order of Dismissal shall accompany this Memorandum and Order.
Dated this 22nd day of July, 2011.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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