Harris v. Lombardi et al

Filing 4

MEMORANDUM AND ORDER re: 2 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff Jim Harris, Jr., 3 MOTION to Appoint Counsel filed by Plaintiff Jim Harris, Jr. 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). IT IS FURTHER ORDERED that all remaining pending motions are DENIED as moot. A separate Order of Dismissal shall accompany this Memorandum and Order. Signed by United States District Judge Jean C. Hamilton on 4/14/15. (CSG) Modified on 4/14/2015 (CSG).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
JIM HARRIS, JR.,
Plaintiff,
v.
GEORGE A. LOMBARDI, et al.,
Defendants.

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No. 1:15-CV-54-ACL

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s motion for leave to proceed in
forma pauperis. Plaintiff, an inmate at the Southeast Correctional Center, 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 was Aunder imminent danger of serious physical
injury@ at the time the complaint was filed. See Martin v. Shelton, 319 F.3d 1048,
1050 (8th Cir. 2003) (imminent danger of serious physical injury must exist at the
time the complaint is filed).
After reviewing the complaint, the Court finds no allegations indicating that
plaintiff was in imminent danger of serious physical injury when he filed this action

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See Harris v. Russell, No. 4:13-CV-891-TCM (E.D. Mo.); Harris v. Russell,
No. 4:13-CV-317-JAR (E.D. Mo.); Harris v. Dodson, No. 1:12-CV-196-SNLJ;
Harris v. Pemiscot County Sheriff’s Dep’t, No. 1:10-CV-151-RWS.

on or about April 2, 2015. As a result, the Court will deny the motion for leave to
proceed in forma pauperis and will dismiss this action without prejudice to refiling
as a fully paid complaint.
Accordingly,
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).
IT IS FURTHER ORDERED that all remaining pending motions are
DENIED as moot.
A separate Order of Dismissal shall accompany this Memorandum and
Order.
Dated this 14th day of April, 2015.

/s/ Jean C. Hamilton
UNITED STATES DISTRICT JUDGE

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