Seales v. Warden of Potosi Correctional Center

Filing 3

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiffs 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 District Judge Carol E. Jackson on 12/10/12. (KJS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
SOLOMAN SEALES, JR.,

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Plaintiff,
v.

WARDEN OF POTOSI CORRECTIONAL
CENTER,
Defendant.

Case No. 4:12-CV-2237-NAB

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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 the complaint without prejudice to refiling it along with the full filing fee.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma pauperis [Doc. 2]
is DENIED.

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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. 95CV-4246-SOW (W.D. Mo.); Seales v. Groose, No. 96-4053 (W.D.Mo.); Seales v. Groose, No. 964232 (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 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 10th day of December, 2012.

CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE

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