Jones-El v. Lombardi et al

Filing 7

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 plaintiff's motion to appoint counsel [Doc. #3] 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 will accompany this Order. Signed by District Judge Stephen N. Limbaugh, Jr on 3/7/13. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
EUGENE KENNETH JONES-EL,
Plaintiff,
v.
GEORGE A. LOMBARDI, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

No. 1:13-CV-0043-SNLJ

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 Jones v. Joyce, 4:10CV369 FRB (E.D. Mo.); Jones v. Joyce, 4:09CV1972
CEJ (E.D. Mo.); Jones v. Sayle, 4:98CV17 ERW (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 plaintiff’s motion to appoint counsel [Doc.
#3] 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 will accompany this Order.
Dated this 7th day of March, 2013.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

-2-