Phillips v. Psychiatrist et al

Filing 2

OPINION, MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that, within fourteen (14) days of the date of this Order, plaintiff shall either pay the $405 filing fee, or file a motion for leave to proceed in forma pauperis. IT IS FURTHER ORDERED that the Clerk shall mail to plaintiff a copy of the Courts form Application to Proceed in District Court Without Prepaying Fees or Costs. (Response to Court due by 4/9/2024.) Signed by District Judge Henry Edward Autrey on 3/26/2024. (Attachments: # 1 Form)(JEB)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION CLINT PHILLIPS, III, Plaintiff, v. UNKNOWN PSYCHIATRIST, et al. Defendants. ) ) ) ) ) ) ) ) ) No. 4:24-CV-00392 NCC OPINION, MEMORANDUM AND ORDER This matter is before the Court on review of pro se plaintiff Clint Phillips, III’s handwritten complaint. Plaintiff is a frequent pro se litigator in this Court. Even so, he instituted this action without paying the required filing fee or filing a motion seeking leave to proceed in forma pauperis.1 The Court will order him to do one or the other. Accordingly, IT IS HEREBY ORDERED that, within fourteen (14) days of the date of this Order, plaintiff shall either pay the $405 filing fee, or file a motion for leave to proceed in forma pauperis. IT IS FURTHER ORDERED that the Clerk shall mail to plaintiff a copy of the Court’s form Application to Proceed in District Court Without Prepaying Fees or Costs. A review of this Court’s files shows that plaintiff has previously brought at least three civil actions that were dismissed on grounds that they were frivolous, malicious, or failed to state a claim upon which relief may be granted. See Phillips v. St. Louis City Police Officers, No. 4:17-cv-1637-HEA (E.D. Mo. Jan. 10, 2018); Phillips v. Romeo, No. 4:17-cv-1636-NAB (E.D. Mo. Aug. 4, 2017); Phillips v. City of St. Louis, No. 4:11-cv-791-CEJ (E.D. Mo. May 19, 2011). Therefore, the Court cannot permit plaintiff to proceed in forma pauperis unless he “is under imminent danger of serious physical injury.” 28 U.S.C. § 1915(g). 1 IT IS FINALLY ORDERED that plaintiff’s failure to timely comply with this Order will result in the dismissal of this case, without prejudice and without further notice. Dated this 26th day of March, 2024. HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE

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