Seales v. Gilmer et al

Filing 3

MEMORANDUM AND ORDER. (see order for details) 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 will accompany this Memorandum and Order. Signed by Honorable E. Richard Webber on 07/05/2012. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
SOLOMAN SEALES, JR.,
Plaintiff,
v.
JOAN M. GILMER, et al.,
Defendants.

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No. 4:12CV01149 ERW

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.”

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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. 98-6157HFS (W.D. Mo.).

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.
IT IS FURTHER ORDERED that this action is DISMISSED, without
prejudice, pursuant to 28 U.S.C. § 1915(g).
An Order of Dismissal will accompany this Memorandum and Order.
So Ordered this 5th day of July, 2012.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

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