Campbell v. Walters et al

Filing 2

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff shall pay the $350 filing fee within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, this action will be dismissed without prejudice. See Fed. R. Civ. P. 41(b).2 Response to Court due by 11/8/2013. Signed by District Judge Stephen N. Limbaugh, Jr on 10/9/2013. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
MAURICE CAMPBELL,
Plaintiff,
v.
UNKNOWN WALTERS, et al.,
Defendants.

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No. 1:13-CV-149 SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on the submission of plaintiff’s complaint.
Plaintiff has neither paid the filing fee nor submitted a 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 upon which relief can be
granted.1 Under 28 U.S.C. § 1915(g), therefore, the Court may not permit plaintiff
to proceed in forma pauperis unless he “is under imminent danger of serious physical
injury.” After reviewing the complaint, the Court finds no allegations showing that

See Campbell v. Rowley, 2:04-CV-0071-JCH (E.D. Mo.); Campbell v.
Rowley, 2:03-CV-0021-JCH (E.D. Mo.); Campbell v. Becton, 4:00-CV-1100-RWS
(E.D. Mo.)
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plaintiff is in imminent danger of serious physical injury. Plaintiff’s complaints
concern only past harm. As a result, plaintiff must pay the filing fee.
Accordingly,
IT IS HEREBY ORDERED that plaintiff shall pay the $350 filing fee within
thirty (30) days of the date of this Order.
IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order,
this action will be dismissed without prejudice. See Fed. R. Civ. P. 41(b).
Dated this 9th day of October, 2013.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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