Howard v. Lombardi et al

Filing 5

MEMORANDUM AND ORDER -.....IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma paueris is DENIED. [Doc. 2] IT IS FURTHER ORDERED that this action is DISMISSED without prejudice. An Order of Dismissal will be filed separately.. Signed by District Judge Charles A. Shaw on 1/30/2015. (MRC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
GEANARD E. HOWARD,

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Plaintiff,
v.
GEORGE LOMBARDI, et al.,
Defendants,

No. 4:15-CV-197 CAS

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 injury.”
After reviewing the complaint, the Court finds no allegations that would show that
plaintiff is in imminent danger of serious physical injury. Plaintiff claims he was prohibited
from possessing pornographic magazines. 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 for leave to proceed in forma
pauperis is DENIED. [Doc. 2]
IT IS FURTHER ORDERED that this action is DISMISSED without prejudice.

1. Howard v. Elam, 4:09-CV-1103 ERW (E.D. Mo.) (failure to state a claim); Howard v.
Crawford, 4:09-CV-15 HEA (E.D. Mo.) (failure to state a claim); Howard v. Crane, 4:04-CV317 MLM (E.D. Mo.) (frivolous); Howard v. St. Louis City Police Dep’t, 6th Dist., 4:97-CV1112 JCH (E.D. Mo.) (frivolous).

An Order of Dismissal will be filed separately.

CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE

Dated this 30th day of January, 2015.

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