Demos v. U.S. Secretary of Defense
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's motion to proceed in forma pauperis [ECF No. 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 Audrey G. Fleissig on 1/8/2013. (KSM)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
JOHN R. DEMOS, JR.,
U.S. SECRETARY OF DEFENSE,
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
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.
See Demos, Jr. v. John Doe, 4:94-CV-1540 GFG (E.D. Mo. Dec. 7, 1994); Demos,
Jr. v. Anheuser Busch Brewery, 4:94-CV-1962 WSB (E.D. Mo. Dec. 7, 1994); Demos, Jr.
v. John Doe, 4:94-CV-2400 DDN (E.D. Mo. Jan. 30, 1995). Additionally, a review of the
United States Party/Case Index reveals that plaintiff has filed a multiplicity of frivolous
actions in numerous district and circuit courts across the nation. E.g. Demos v. Gov. of
South Dakota, 03-4149 (D. S.D. 2003) (noting that plaintiff has been sanctioned in several
circuits and by the Supreme Court for frivolous filings).
IT IS HEREBY ORDERED that Plaintiff’s motion to proceed in forma pauperis
[ECF No.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.
Dated this 8th day of January, 2013.
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
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