Williams v. Donald et al
MEMORANDUM AND ORDER: HEREBY ORDERED that plaintiffs motion for leave to proceed in forma pauperis [Doc. # 2 ] is DENIED.IT IS FURTHER ORDERED that this action is DISMISSED, without prejudice, pursuant to 28 U.S.C. ' 1915(g). A separate Order of Dismissal shall accompany this Memorandum and Order. Signed by District Judge Jean C. Hamilton on 03/17/2015. (CLK)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SAMUEL H. WILLIAMS,
UNKNOWN DONALD, et al.,
MEMORANDUM AND ORDER
This matter is before the Court on review of Samuel H. Williams’ motion for
leave to proceed in forma pauperis [Doc. #2]. For the following reasons, the
motion will be denied and this action will be dismissed, without prejudice.
Plaintiff is an inmate at the Eastern Reception Diagnostic and Correctional
Center. He initially filed this action on or about March 9, 2015, and applied for in
forma pauperis status. It appears that plaintiff has filed at least three previous cases
that were dismissed as frivolous, malicious, or for failure to state a claim.1 As such,
under 28 U.S.C. ' 1915(g), plaintiff is not entitled to proceed in forma pauperis
unless he was Aunder 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)
See Williams v. Russell, No. 4:11-CV-611-RWS (E.D. Mo.); Williams v.
Russell, No. 4:11-CV-1590-RWS (E.D. Mo.); Williams v. Saublel, No.
2:08-CV-4218-NKL (W.D. Mo.).
(imminent danger of serious physical injury must exist at the time the complaint is
After reviewing the complaint, the Court finds no allegations indicating that
plaintiff was in imminent danger of serious physical injury when he filed this action
on or about March 9, 2015. In fact, plaintiff states, “I do not have no medical
problems at this time.” In addition, plaintiff=s factual allegations are incoherent and
delusional and fail to state a claim or cause of action under ' 1983. He states, for
instance, “they or [sic] trying to kill me because of my legal actions on the State of
Missouri and they family [sic] number from Mexico that is running all over the
United States calling themselves [sic] white people from Mexico.”
reasons, the Court will deny plaintiff's motion for in forma pauperis status and will
dismiss this action without prejudice to refiling as a fully paid complaint.
IT IS HEREBY ORDERED that plaintiff=’s motion for leave to proceed in
forma pauperis [Doc. #2] is DENIED.
IT IS FURTHER ORDERED that this action is DISMISSED, without
prejudice, pursuant to 28 U.S.C. ' 1915(g).
A separate Order of Dismissal shall accompany this Memorandum and
Dated this 17th day of March, 2015.
/s/ Jean C. Hamilton
UNITED STATES DISTRICT JUDGE
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