Grace v. Wallace et al

Filing 4

MEMORANDUM AND ORDER re: 2 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff William J. Grace, Sr. motion is DENIED. IT IS HEREBY ORDERED that plaintiff's motion to proceed in formapauperis [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 District Judge Stephen N. Limbaugh, Jr on 7/23/13. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
WILLIAM GRACE, SR.,
Plaintiff,
vs.
IAN WALLACE, et al.,
Defendants.

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No. 1:13-CV-104-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 indicating
that plaintiff was in imminent danger of serious physical injury at the time he filed
this action. As a result, the Court will deny the motion and will dismiss this action
without prejudice to refiling as a fully paid complaint.
Accordingly,

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Grace v. Stubblefield, 4:07-CV-1630 ERW (E.D. Mo.); Grace v. Owens, 4:08-CV-89 CDP
(E.D. Mo.); Grace v. Chastain, 4:08-CV-598 FRB (E.D. Mo.); Grace v. Allen, 4:08-CV-619 CAS
(E.D. Mo.); and Grace v. Jones, 4:08-CV-620 FRB.

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 23rd day of July, 2013.

UNITED STATES DISTRICT JUDGE

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