Jones v. Milligan et al

Filing 4

MEMORANDUM AND ORDER 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). Signed by Honorable Carol E. Jackson on 8/10/09. (KXS)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION RAFAEL A. JONES, Plaintiff, vs. ERIN MILLIGAN, et al., Defendants. ) ) ) ) ) ) ) ) )

No. 4:09CV1238 MLM

MEMORANDUM AND ORDER This matter is before the Court on plaintiff's motion to proceed in forma pauperis. Plaintiff, a prisoner, 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 "is under imminent danger of serious physical injury." After reviewing the complaint, the Court finds no allegations that would show that plaintiff is in imminent danger of serious physical injury. As a result, the Court will deny the motion and will dismiss this action without prejudice. Plaintiff will be permitted to re-file the complaint only if it is accompanied by the full amount of the filing fee.

See Jones v. Brayer, Case No. 4:07-CV-1704 RWS (E.D. Mo.); Jones v. Brayer, Case No. 4:07-CV-1723 ERW (E.D. Mo.); Jones v. Isom, Case No. 4:08-CV1584 TIA (E.D. Mo.)

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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).

Dated this 10th day of August, 2009.

UNITED STATES DISTRICT JUDGE

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