Speed v. Mummert et al
OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff shall pay the $400 filing fee within twenty-one (21) days of the date of this Order. IT IS FURTHER ORDERED that if plaintiff fails to timely pay the filing fee, the Courtwill dismiss this action without further proceedings. Response to Court due by 3/12/2015. Signed by District Judge Henry Edward Autrey on 2/19/15. (CLA)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
ANTONIO NATHANIEL SPEED,
HONORABLE THOMAS C. MUMMERT,
III, and HONORABLE RODNEY W.
No. 4:15CV267 NAB
OPINION, MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s civil complaint. Plaintiff, a prisoner at USP
Leavenworth, has neither paid the filing fee nor submitted a motion for leave to proceed in forma
pauperis. However, plaintiff 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 allow plaintiff to proceed in forma pauperis unless he “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 order
plaintiff to pay the $400 filing fee within twenty-one days of the date of this Order.
IT IS HEREBY ORDERED that plaintiff shall pay the $400 filing fee within twentyone (21) days of the date of this Order.
Speed v. Mehan, 4:13cv1841 SNLJ (E.D. Mo.) (failure to state a claim); Speed v. Jennings City
Jail, 4:13cv1749 CAS (E.D. Mo.) (frivolous and failure to state a claim); Speed v. Neal,
4:13cv2171 ERW (E.D. Mo.) (failure to state a claim).
IT IS FURTHER ORDERED that if plaintiff fails to timely pay the filing fee, the Court
will dismiss this action without further proceedings.
Dated this 19th day of February, 2015.
HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE
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