Demos v. Express Scripts Holding et al
MEMORANDUM AND ORDER: 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. A separate Order of Dismissal shall accompany this Memorandum and Order. Signed by District Judge Audrey G. Fleissig on May 5, 2016. (BRP)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
JOHN ROBERT DEMOS, JR.,
EXPRESS SCRIPTS HOLDING, et al.,
No. 4:16CV613 AGF
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 carefully reviewing the complaint, the Court finds no allegations that show plaintiff
is in imminent danger of serious physical injury. As a result, the Court will deny the motion and
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.
See Demos, Jr. v. John Doe, 4:94-CV-1540 GFG (E.D.Mo. Dec. 7, 1994); Demos, Jr. v.
Anheuser Busch Brewery, 4:94-CV-1962 WSB (E.D.Mo. Dec. 7, 1994); Demos, Jr. v. John Doe,
4:94-CV-2400 DDN (E.D.Mo. Jan. 30, 1995). Additionally, a review of the United States
Party/Case Index reveals that plaintiff has filed a multiplicity of frivolous actions in numerous
District and Circuit Courts across the nation. See, e.g., Demos v. Gov. of South Dakota, 03-4149
(D.S.D. 2003) (noting that plaintiff has been sanctioned in several Circuits and by the Supreme
Court for frivolous filings).
IT IS FURTHER ORDERED that this action is DISMISSED without prejudice.
A separate Order of Dismissal shall accompany this Memorandum and Order.
Dated this 5th day of May, 2016.
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
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