Motes v. State of Missouri et al

Filing 34

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis on appeal (ECF No. 32 ) and motion for the appointment of counsel (ECF No. 33 ) are DENIED. Signed by Magistrate Judge Noelle C. Collins on 11/20/2020. (TMT)

Case: 2:17-cv-00065-NCC Doc. #: 34 Filed: 11/20/20 Page: 1 of 2 PageID #: 449

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
GRADY LEE MOTES,
Plaintiff,
v.
STATE OF MISSOURI, et al.,
Defendants.

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No. 2:17-CV-65-NCC

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s motion to proceed in forma pauperis on
appeal (ECF No. 32) and motion for the appointment of counsel (ECF No. 33). The motions will
be denied.
This action was dismissed on October 13, 2017 upon plaintiff’s motion to voluntarily
dismiss. On January 10, 2018, plaintiff began submitting post-judgment filings, consisting of
notices, frivolous motions, and correspondence. On September 2, 2020, the Court entered an
order cautioning plaintiff against the practice of repeatedly submitting such filings. However,
plaintiff continued the practice, submitting a total of eleven frivolous post-judgment filings. On
September 28, 2020, the Court entered an order prohibiting plaintiff from continuing to file
documents in this closed civil case, with the exception of appellate documents.
Plaintiff has since filed a notice of appeal, and has now filed the instant motion for leave
to proceed in forma pauperis on appeal. The motion and documents attached thereto span over
200 pages and, like many of plaintiff’s prior filings in this Court, are incomprehensible.
Additionally, nothing before this Court indicates that plaintiff’s appeal is not frivolous and, as

Case: 2:17-cv-00065-NCC Doc. #: 34 Filed: 11/20/20 Page: 2 of 2 PageID #: 450

noted above, plaintiff has repeatedly engaged in abusive litigation practices. The Court will
therefore deny the motion.
Plaintiff has also filed a motion purporting to seek the appointment of counsel. The
motion is incomprehensible, and asserts no basis upon which the Court can grant relief. The
motion will be denied.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma pauperis on
appeal (ECF No. 32) and motion for the appointment of counsel (ECF No. 33) are DENIED.
Dated this 20th day of November, 2020.

/s/ Noelle C. Collins
NOELLE C. COLLINS
UNITED STATES MAGISTRATE JUDGE

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