Seales v. Nixon et al
Filing
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis is DENIED. [Doc. 2] 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 District Judge Charles A. Shaw on 10/16/2012. (KSM)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
SOLOMON SEALES, JR.,
Plaintiff,
v.
JEREMIAH “JAY” NIXON, et al.,
Defendants.
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No. 4:12-CV-1829 CAS
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 to refiling as a fully paid complaint.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma pauperis is
DENIED. [Doc. 2]
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See Seales v. Purkett, No. 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, No. 95-CV-4187-SOW (W.D. Mo.) ; Seales v. Moorish Science
Temple, 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, No. 98-CV-6153-HFS (W.D. Mo.);
Seales v. Kemna, No. 98-6157-HFS (W.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.
CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE
Dated this 16th day of October, 2012.
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