Jones v. City of St. Louis et al

Filing 3

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). An Order of Dismissal shall accompany this Memorandum and Order. Signed by Honorable Catherine D. Perry on April 15, 2011. (MGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

WAYNE JONES,
Plaintiff,
vs.
CITY OF ST. LOUIS, et al.,
Defendants.

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Case No. 4:11-CV-613-CDP

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s motion to proceed in forma pauperis [Doc.
#2]. 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 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.

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See Jones v. Simon, 4:06-CV-0142-DDN (E.D. Mo.); Jones v. State of Missouri, Case No.
4:06-CV-1272-MLM (E.D. Mo.); and Jones v.State of Missouri, 4:10-CV-1315-CEJ (E.D. Mo.).

IT IS FURTHER ORDERED that this action is DISMISSED, without prejudice,
pursuant to 28 U.S.C. § 1915(g).
An Order of Dismissal shall accompany this Memorandum and Order.
Dated this 15th day of April, 2011.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

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