McCrary v. Hyte et al

Filing 7

MEMORANDUM AND ORDER re: 5 MOTION for Discovery filed by Plaintiff Jerry McCrary, 4 MOTION for Temporary Restraining Order filed by Plaintiff Jerry McCrary, 6 MOTION to Appoint Counsel filed by Plaintiff Jerry McCrary, 2 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff Jerry McCrary. IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis [ECF No. 2] is DENIED. IT IS FURTHER ORDERED that this action is DISMISSED, without prejudice, pursuant to 28 U.S.C. § 1915(g). IT IS FURTHER ORDERED that plaintiff's Motion for a Temporary Restraining Order [ECF No. 4] is DENIED as moot. IT IS FURTHER ORDERED that plaintiff's Motion for Discovery [ ECF No. 5] is DENIED as moot. IT IS FURTHER ORDERED that plaintiff's Motion for Appointment of Counsel [ECF No. 6] is DENIED as moot. An Order of Dismissal shall accompany this Memorandum and Order. Signed by District Judge Stephen N. Limbaugh, Jr on 11/4/14. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
JERRY MCCRARY EL,

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Plaintiff,
v.
DARRON HYTE, et al.,
Defendants,

No. 1:14-CV-145-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,
IT IS HEREBY ORDERED that plaintiff’s motion for leave to proceed in forma
pauperis [ECF No. 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 McCrary v. Kolwycle, No. 1:10-CV-143-SNLJ (E.D.Mo.) (denying plaintiff in forma
pauperis status on the basis of his three-strikes status and dismissing case under 28 U.S.C. §
1915(g)) (citing McCrary v. Corum, No. 4:92-CV-1124-SNL (E.D. Mo.); McCrary v. Delo, No.
4:93-CV-1471-SNLJ (E.D. Mo.); McCrary v. Norman, No. 1:10-CV-109-SNLJ (E.D. Mo.)).

IT IS FURTHER ORDERED that plaintiff’s Motion for a Temporary Restraining
Order [ECF No. 4] is DENIED as moot.
IT IS FURTHER ORDERED that plaintiff’s Motion for Discovery [ECF No. 5] is
DENIED as moot.
IT IS FURTHER ORDERED that plaintiff’s Motion for Appointment of Counsel [ECF
No. 6] is DENIED as moot.
An Order of Dismissal shall accompany this Memorandum and Order.
Dated this 4th day of November, 2014.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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