Bailey v. PharmaCorr et al

Filing 4

MEMORANDUM AND ORDER re: 2 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff David Eugene Bailey motion is DENIED...IT IS FURTHER ORDERED that this action is DISMISSED, without prejudice, pursuant to 28 U.S.C. § 1915(g). Signed by Honorable Stephen N. Limbaugh, Jr on 8/8/11. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION

DAVID EUGENE BAILEY,

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Plaintiff,
vs.
PHARMACORR, et al.,
Defendants.

Case No. 1:11-CV-0143-SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s motion to proceed in forma pauperis [Doc.
#2]. 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,
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).

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See Bailey v. Reeves, 1:08-CV-0147-LMB (E.D. Mo.); Bailey v. Rice, 1:11-CV-0097-LMB
(E.D. Mo.); and Bailey v. CMS, 4:10-CV-2093-FRB (E.D. Mo.).

An Order of Dismissal shall accompany this Memorandum and Order.
Dated this 8th day of August , 2011.

UNITED STATES DISTRICT JUDGE

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