Bradley v. Burke et al

Filing 4

MEMORANDUM AND ORDER -...IT IS HEREBY ORDERED that this action is DISMISSED, without prejudice, pursuant to 28 USC § 1915(g). IT IS FURTHER ORDERED that all remaining pending motions are DENIED as moot. [Doc. 3] A separate Order of Dismissal shall accompany this Memorandum and Order.. Signed by District Judge Charles A. Shaw on 9/10/2015. (MRC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

CORY BRADLEY,
Plaintiff,
v.
THERESA COUNTS BURKE, et al.,
Defendants.

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No. 4:15-CV-1384-CAS

MEMORANDUM AND ORDER
This matter is before the Court on review of the file. On or about September
4, 2015, plaintiff filed a complaint; however, he has not paid the filing fee nor has he
filed a motion for leave to proceed in forma pauperis.
Plaintiff is an inmate at the St. Louis City Justice Center. 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) (imminent danger of serious physical
injury must exist at the time the complaint is filed).
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See Bradley v. City of St. Louis Carnahan Ct. Bldg., No. 4:14-CV-2112-JAR
(E.D. Mo.); Bradley v. Keefe Co., No. 4:14-CV-2087-JAR (E.D. Mo.); Bradley v.
U.S. Dep’t of Justice, No. 4:14-CV-797-JCH (E.D. Mo.).

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 September 4. Plaintiff’s allegations concern the falsification
of government documents and numerous issues he is having in an underlying state
criminal action. As a result, the Court will dismiss this action without prejudice to
refiling as a fully paid complaint.
Accordingly,
IT IS HEREBY ORDERED that this action is DISMISSED, without
prejudice, pursuant to 28 U.S.C. ' 1915(g).
IT IS FURTHER ORDERED that all remaining pending motions are
DENIED as moot. [Doc. 3]
A separate Order of Dismissal shall accompany this Memorandum and Order.

CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE
Dated this 10th day of September, 2015.

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