Afiz v. Graham

Filing 2

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff shall pay the $350 filing fee within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that plaintiff must submit a signed complaint within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, this action will be dismissed without prejudice. Response to Court due by 8/24/2014. Signed by District Judge Audrey G. Fleissig on 7/25/14. (JWJ)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ABDUL AL-HAKEEM AFIZ,
a/k/a Miron Taylor,
Plaintiff,
v.
NORMAN GRAHAM,
Defendant,

)
)
)
)
)
)
)
)
)
)

No. 4:14CV1268 AGF

MEMORANDUM AND ORDER
This matter is before the Court on the submission of plaintiff=s complaint. Plaintiff has
neither paid the filing fee nor submitted a 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 permit plaintiff to proceed in forma pauperis
unless he Ais under imminent danger of serious physical injury.@ After reviewing the complaint,
the Court finds no allegations showing that plaintiff is in imminent danger of serious physical
injury. As a result, plaintiff must pay the filing fee.
Additionally, the complaint is not signed. Plaintiff must submit a signed complaint
within thirty days or the complaint will be stricken from the record. Fed. R. Civ. P. 11.

1

See Afiz v. Petri, 2:09CV4005 NKL (W.D. Mo.) (listing cases dismissed under 28
U.S.C. § 1915(e)); Afiz v. City of St. Louis, 4:97-CV-53 FRB (E.D.Mo); Afiz v. v. Federal
Bureau of Prisons - USP-Leavenwoth, 4:97CV1661 DDN (E.D. Mo.); Afiz v. Federal Bureau of
Prisons Washington D.C., 4:97CV1681 CEJ (E.D. Mo.).

Accordingly,
IT IS HEREBY ORDERED that plaintiff shall pay the $350 filing fee within thirty (30)
days of the date of this Order.
IT IS FURTHER ORDERED that plaintiff must submit a signed complaint within
thirty (30) days of the date of this Order.
IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, this action
will be dismissed without prejudice. See Fed. R. Civ. P. 41(b).
Dated this 25th day of July, 2014.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

2