Moon v. Boyd et al

Filing 15

MEMORANDUM AND ORDER re: 2 MOTION for Leave to Proceed in forma pauperis filed by Plaintiff Darnell Wesly Moon, 5 MOTION for Preliminary Injunction filed by Plaintiff Darnell Wesly Moon, 14 PRO SE MOTION Copies of docket sheets filed by Plaintiff Darnell Wesly Moon, 6 MOTION to Appoint Counsel filed by Plaintiff Darnell Wesly Moon, 10 MOTION for Preliminary Injunction filed by Plaintiff Darnell Wesly Moon, 13 MOTION to Disqualify Judge filed by Plaintiff Darnell Wesly Mo on, 12 MOTION to Expedite filed by Plaintiff Darnell Wesly Moon. IT IS HEREBY ORDERED that plaintiffs motion for leave to proceed in forma pauperis (Docket No. 2) is DENIED. IT IS FURTHER ORDERED that this action is DISMISSED without prejudice to the filing of a fully paid complaint. A separate order of dismissal will be entered herewith.IT IS FURTHER ORDERED that plaintiff's motion for preliminary injunction (Docket No. 5) and plaintiff's amended motion for preliminary injunction (Docket No. 10) are DENIED as moot. IT IS FURTHER ORDERED that plaintiff's motion to appoint counsel (Docket No. 6) is DENIED as moot. IT IS FURTHER ORDERED that plaintiff's motion to expedite screening (Docket No. 12) is DENIED as moot. IT IS FURTHER ORDERED that plaintiff's motion to recuse judge (Docket No. 13) is DENIED as moot. IT IS FURTHER ORDERED that plaintiff's motion for copies (Docket No. 14) is DENIED as moot. Signed by District Judge Stephen N. Limbaugh, Jr. on 10/10/17. (CSG)

FILED
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION

DARNELL WESLY MOON,

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Plaintiff,
v.

NED BOYD, et al.,
Defendants.

OCT l D 2017
U. S. DISTRICT COUFr
EASTERN DISTRICT OF
CAPE GIRARDEAU

No. 1:l7-cv-125-SNLJ

MEMORANDUM AND ORDER

This matter is before the Court upon the motion of Darnell Wesly Moon, a prisoner, for
leave to commence this civil action without prepayment of the required filing fee. The motion
will be denied, and this case will be dismissed without prejudice.
Moon, a prisoner and a frequent filer of lawsuits, is subject to 28 U.S.C. § 1915(g). 1
Therefore, he may proceed in forma pauperis in this action only if he "is under imminent danger
of serious physical injury." 28 U.S.C. § 1915(g).
The Court has carefully reviewed the complaint, and concludes that it contains no
allegations that Moon is in imminent danger of serious physical injury. The Court will therefore
deny the instant motion, and dismiss this action without prejudice to the filing of a fully paid
complaint.
Accordingly,
IT IS HEREBY ORDERED that plaintiffs motion for leave to proceed in forma

pauperis (Docket No. 2) is DENIED.

1 See Moon v. United States ofAmerica, Case No. 1:09-cv-6-RWS (E.D. Mo. Feb. 3, 2009); Moon v. National Asset
Recovery Services, Inc., Case No. 4:09-cv-117-DDN (E.D. Mo. Feb. 2, 2009); and Moon v. National Recovery
Services, Inc., Case No. 4:09-cv-1129-DDN (E.D. Mo. Jul. 28, 2009).

MO

IT IS FURTHER ORDERED that this action is DISMISSED without prejudice to the
filing of a fully paid complaint. A separate order of dismissal will be entered herewith.
IT IS FURTHER ORDERED that plaintiffs motion for preliminary injunction (Docket
No. 5) and plaintiffs amended motion for preliminary injunction (Docket No. 10) are DENIED
as moot.
IT IS FURTHER ORDERED that plaintiffs motion to appoint counsel (Docket No. 6)
is DENIED as moot.
IT IS FURTHER ORDERED that plaintiffs motion to expedite screening (Docket No.
12) is DENIED as moot.
IT IS FURTHER ORDERED that plaintiffs motion to recuse judge (Docket No. 13) is
DENIED as moot.
IT IS FURTHER ORDERED that plaintiffs motion for copies (Docket No. 14) is
DENIED as moot.
Dated this 10th day of October, 2017.

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