Kiderlen v. Costantin

Filing 6

MEMORANDUM AND ORDER as to Plaintiff Steven Duane Kiderlen : IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis is denied. IT IS FURTHER ORDERED that this action is dismissedwithout prejudice. IT IS FURTHER ORDERED that all pending motions are denied as moot. An Order of Dismissal will accompany this Memorandum and Order.. Signed by District Judge Carol E. Jackson on 8/19/13. (KKS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
STEVEN DUANE KIDERLEN,
Plaintiff,
v.
CAROLINE “CARRIE” A.
COSTANTIN,
Defendant.

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No. 4:13CV1608 CEJ

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 upon which relief can
be granted.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.

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See Kiderlen v. United States, 1:08CV114 LMB (E.D. Mo.); Kiderlen v.
Blunt, 4:06CV424 CAS (E.D. Mo.); Kiderlen v. Missouri, 4:08CV1067 TIA (E.D.
Mo.).

Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma
pauperis is denied.
IT IS FURTHER ORDERED that this action is dismissed without prejudice.
IT IS FURTHER ORDERED that all pending motions are denied as moot.
An Order of Dismissal will accompany this Memorandum and Order.
Dated this 19th day of August, 2013.

CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE

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