Bell v. Ste. Genevieve County et al

Filing 5

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis [ECF No. 2] is GRANTED. IT IS FURTHER ORDERED that plaintiff shall show cause, no later than March 2, 2015, why this action should not be dismissed as duplicative. ( Show Cause Response due by 3/2/2015.) Signed by District Judge Stephen N. Limbaugh, Jr on 2/9/2015. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
JOSHUA AARON BELL,
Plaintiff,
v.
STE. GENEVIEVE COUNTY, et al.,
Defendants,

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No. 1:15CV18 SNLJ

MEMORANDUM AND ORDER
This matter comes before the Court on plaintiff’s motion for leave to proceed in forma
pauperis and civil complaint under 42 U.S.C. § 1983. Under 28 U.S.C. § 1915(e), the Court is
required to dismiss the complaint if it is frivolous, malicious, or fails to state a claim upon which
relief can be granted.1
Plaintiff sues defendants for false arrest and excessive use of force. Plaintiff’s complaint
stems from an arrest on April 7, 2014. Plaintiff filed a complaint under § 1983 alleging the same
facts before he filed this case. Bell v. Ste. Genevieve County, No. 1:14CV94 SNLJ (E.D. Mo.).
The older case was stayed under Wallace v. Kato, 549 U.S. 384, 397 (2007), on June 27, 2014.
Plaintiff is not permitted to bring two federal civil actions on the same facts. Therefore, the
Court will direct plaintiff to show cause why this action should not be dismissed without further
proceedings.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for leave to proceed in forma
pauperis [ECF No. 2] is GRANTED.
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Normally, the Court would require plaintiff to pay a partial initial filing fee under § 1915(b). However, plaintiff
has not had any deposits into his prison account in the past six months, and he has had a negative monthly balance.
Therefore, the Court will not require plaintiff to pay the filing fee.

IT IS FURTHER ORDERED that plaintiff shall show cause, no later than March 2,
2015, why this action should not be dismissed as duplicative.
Dated this 9th day of February, 2015.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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