Jones v. Norman et al

Filing 4

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). A separate Order of Dismissal shall accompany this Memorandum and Order. Signed by District Judge Audrey G. Fleissig on 4/3/2013. (KSM)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
RAFAEL A. JONES, SR.,

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Plaintiff,
v.
JEFF NORMAN, et al.,
Defendants.

No. 4:13-CV-596-AGF

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. 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).

1

See Jones v. Brayer, Case No. 4:07-CV-1704 RWS (E.D. Mo.); Jones v. Brayer, Case No.
4:07-CV-1723 ERW (E.D. Mo.); Jones v. Isom, Case No. 4:08-CV-1584 TIA (E.D. Mo.).

A separate Order of Dismissal shall accompany this Memorandum and Order.
Dated this 3rd day of April, 2013.

UNITED STATES DISTRICT JUDGE

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