Bice v. Cotner

Filing 3

MEMORANDUM AND ORDER: 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. Signed by District Judge Stephen N. Limbaugh, Jr on 1/26/2015. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
GARY BICE,

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Plaintiff,
v.
ANDREA BETH COTNER,
Defendant,

No. 1:15CV9 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.
Dated this 26th day of January, 2015.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE
1

Bice v Eastest, 1:13CV181 SNLJ (E.D. Mo.); Bice v. Comm’n or Directors of Cape Girardeau
City Police Dep’t, 1:11CV27 SNLJ (E.D. Mo.); Bice v. Ester, 1:10CV93 SNLJ (E.D. Mo.).