Howard v. Division of Corrections (M.S.I)

Filing 4

MEMORANDUM AND ORDER : IT IS 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.Signed by District Judge Rodney W. Sippel on 1/19/18. (ARL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
LARRY TERRELL HOWARD,
Plaintiff,
v.
MEDIUM SECURITY INSTITUTION,
Defendant.

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No. 4:17 CV 2783 RWS

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.2 As a result, the Court will deny the motion and
dismiss this action without prejudice to refiling as a fully-paid complaint.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for leave to proceed in forma
pauperis [Doc. #2] is DENIED.

1

See Howard v. MDOC, No. 4:17-CV-2575 DDN (E.D.Mo.); Howard v. St. Louis County Justice Center, No. 4:17CV-2577 ACL (E.D.Mo.); Howard v. Miller, No. 4:17-CV-2579 RLW (E.D.Mo.).
2
The allegations complained of occurred more than three years prior and relate to a broken tooth plaintiff alleges he
had during a four to six week time period during 2014. There is no allegation that plaintiff is in any imminent danger
currently.

IT IS FURTHER ORDERED that this action is DISMISSED without prejudice.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
Dated this 19th day of January, 2018.

2