Engel v. Governor of Missouri et al

Filing 15

OPINION MEMORANDUM re: 10 MOTION for Leave to Proceed in forma pauperis on appeal under 42:1983 (prisoner) filed by Plaintiff Joseph Michael Devon Engel; motion is DENIED. IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pa uperis on appeal [Doc. #10] is DENIED. IT IS FURTHER ORDERED that within thirty (30) days from the date of this Order, plaintiff shall pay to this Court the full $505.00 filing fee for filing an appeal. Plaintiff is instructed to make his remi ttance payable to Clerk, United States District Court, and to include upon it: (1) his name; (2) his prison identification number; (3) the case number; and (4) that the remittance is for the appeal of the instant action. IT IS FURTHER ORDERED that pl aintiff shall file any future documents or pleadings in connection with his appeal directly with the United States Court of Appeals for the Eighth Circuit. (Response to Court due by 2/8/2021.) Signed by District Judge Henry Edward Autrey on 01/07/2021. (CMH)

Case: 1:20-cv-00217-HEA Doc. #: 15 Filed: 01/07/21 Page: 1 of 2 PageID #: 104

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
JOSEPH MICHAEL DEVON ENGEL,
Plaintiff,
v.
GOVERNOR OF MISSOURI, et al.,
Defendants.

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No. 1:20-CV-217 HEA

OPINION, MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s motion to proceed in forma pauperis on appeal.
When the Court dismissed this action on December 15, 2020, the Court stated that an appeal would
not be taken in good faith. See 28 U.S.C. § 1915(a)(3).
Further, plaintiff has engaged in the practice of repeatedly filing meritless lawsuits in this
Court. At this time, he has filed over one-hundred (100) lawsuits in this Court, which is an abuse
of the judicial process. As of this date, twelve (12) of his lawsuits have been dismissed as frivolous,
malicious and/or for failure to state a claim.1 See 28 U.S.C. § 1915. Plaintiff’s motion to proceed
in forma pauperis on appeal will be denied.
Accordingly,
IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis on appeal
[Doc. #10] is DENIED.

Engel v. Governor of Missouri, No. 1:20-cv-217 HEA (E.D.Mo); Engel v. Jefferson County Sheriff’s Dept., No. 4:20cv-1226 MTS (E.D.Mo); Engel v. Missouri Courts; No. 4:20-cv-1258 SPM (E.D.Mo); Engel v. St. Louis Sheriff’s
Dept., No. 4:20-cv-1639 NCC (E.D.Mo); Engel v. MODOC, No. 4:20-cv-1668 RWS (E.D.Mo); Engel v. Missouri
Dept. of Corr., 4:20-cv-1430 AGF (E.D.Mo); Engel v. Corizon, No. 4:20-cv-1695 NAB (E.D.Mo); Engel v. ERDCC,
No. 4:20-cv-1739 JMB (E.D.Mo); Engel v. Probation & Parole, No. 4:20-cv-1740 DDN (E.D.Mo); Engel v. United
States of America, No. 4:20-cv-1742 MTS (E.D.Mo); Engel v. ERDCC, No. 4:20-cv-1810 CDP (E.D.Mo); Engel v.
Corizon, No. 4:20-cv-1812 NAB (E.D.Mo).
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Case: 1:20-cv-00217-HEA Doc. #: 15 Filed: 01/07/21 Page: 2 of 2 PageID #: 105

IT IS FURTHER ORDERED that within thirty (30) days from the date of this Order,
plaintiff shall pay to this Court the full $505.00 filing fee for filing an appeal. Plaintiff is instructed
to make his remittance payable to “Clerk, United States District Court,” and to include upon it: (1)
his name; (2) his prison identification number; (3) the case number; and (4) that the remittance is
for the appeal of the instant action.
IT IS FURTHER ORDERED that plaintiff shall file any future documents or pleadings
in connection with his appeal directly with the United States Court of Appeals for the Eighth
Circuit.
Dated this 7th day of January, 2021.

HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE

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