Wilson v. St. Louis City Criminal Justice Center

Filing 4

MEMORANDUM AND ORDER re: 2 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff Reginald D. Wilson. IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis (Docket No. 2) is DENIED. IT IS FURTHER ORDERED that this action is DISMISSED without prejudice. A separate order of dismissal will be entered herewith. Signed by District Judge Stephen N. Limbaugh, Jr on 9/26/17. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
REGINALD D. WILSON,
Plaintiff,
v.
ST. LOUIS CITY CRIMINAL
JUSTICE CENTER,
Defendant.

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No. 4:17-CV-1807-SNLJ

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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 non-conclusory 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.
Even if plaintiff were not subject to 28 U.S.C. § 1915(g), this action would be subject to
dismissal because it is legally frivolous. Plaintiff names the St. Louis City Justice Center as
defendant. However, a department or subdivision of local government is not a “juridical,” or
suable, entity under 42 U.S.C. § 1983. Ketchum v. City of West Memphis, AR., 974 F.2d 81, 82
(8th Cir. 1992); see also Ballard v. Missouri, Case No. 4:13-CV-528-JAR, (E.D. Mo. Apr. 22,
2013) (dismissing as legally frivolous plaintiff’s claims against the City of St. Louis Department
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See Wilson v. City of St. Louis, Case No. 4:07-CV-854 (E.D. Mo. Jun. 25, 2007); Wilson v. Wilson, Case
No. 4:09-CV-160-MLM (E.D. Mo. Feb. 18, 2009); Wilson v. Hallazzgo, Case No. 4:09-CV-1346-TCM
(E.D. Mo. Sept. 4, 2009); Wilson v. State of Mo., Case No. 4:11-CV-1014-AGF (E.D. Mo. Jul. 19, 2011).

of Public Safety, the St. Louis County Justice Center, the City of St. Louis Justice Center, and
MSI/Workhouse because those defendants were not suable entities); see also Wallace v. St. Louis
City Justice Center, Case No. 4:12-CV-2291-JAR, (E.D. Mo. Jul. 17, 2013) (dismissing claims
against the St. Louis City Justice Center because it is not a suable entity).
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for leave to proceed in forma
pauperis (Docket No. 2) is DENIED.
IT IS FURTHER ORDERED that this action is DISMISSED without prejudice. A
separate order of dismissal will be entered herewith.
Dated this 26th day of September, 2017.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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