Wilson v. Sullivan et al

Filing 4

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiffs 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. re: 2 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff Reginald D. Wilson. Signed by District Judge Charles A. Shaw on 2/25/14. (JWJ)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

REGINALD D. WILSON,
Plaintiff,
v.
JAMES G. SULLIVAN, et al.,
Defendants.

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No. 4:14-CV-96 CAS

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s motion for leave to proceed in forma pauperis.
Plaintiff, an inmate at the St. Louis City Justice Center, 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 was “under imminent danger of serious
physical injury” at the time the complaint was filed. See Martin v. Shelton, 319 F.3d 1048, 1050
(8th Cir. 2003) (imminent danger of serious physical injury must exist at the time the complaint is
filed).
After reviewing the complaint, the Court finds no allegations indicating that plaintiff was
in imminent danger of serious physical injury when he filed his complaint on or about January 14,
2014. As a result, the Court will deny the motion for leave to proceed in forma pauperis and will
dismiss this action without prejudice to refiling as a fully paid complaint.

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See Wilson v. City of St. Louis, No. 4:07-CV-854 (E.D. Mo.); Wilson v. Wilson, No. 4:09CV-160-MLM (E.D. Mo.); Wilson v. Hallazzgo, No. 4:09-CV-1346-TCM (E.D. Mo.); Wilson v.
State of Mo., No. 4:11-CV-1014-AGF (E.D. Mo.).

Accordingly,
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.

CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE

Dated this 25th day of February, 2014.

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