Seales v. The Warden/Superindent

Filing 3

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [Doc. #2] is DENIED. Signed by Honorable Carol E. Jackson on 7/18/11. (KXS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
SOLOMON SEALES, JR.,
Plaintiff,
vs.
THE WARDEN/SUPERINTENDENT,
et al.,
Defendants.

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Case No.

4:11-CV-1200-CEJ

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. Therefore,
the Court will deny the motion and will dismiss this action without prejudice to
refiling as a fully-paid complaint.
Accordingly,

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See Seales v. Purkett, 99-CV-4050-NKL (W.D. Mo.)(denying plaintiff in forma
pauperis status on the basis of his three-strikes status and dismissing case under 28
U.S.C. § 1915(g)) (citing Seales v. Groose, 95-CV-4187-SOW (W.D. Mo.) ; Seales v.
Moorish Science Temple, Case No. 95-CV-4246-SOW (W.D. Mo.); Seales v. Groose,
No. 96-4053 (W.D.Mo.); Seales v. Groose, No. 96-4232 (W.D.Mo.)); see also Seals v.
Kemna, 98-CV-6153- HFS (W.D. Mo.); Seales v. Kemna, Case No. 98-6157-HFS (W.D.
Mo.).

IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma
pauperis [Doc. #2] is DENIED.

Dated this 18th day of July, 2011.

UNITED STATES DISTRICT JUDGE

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