Lewis v. Mills

Full title: ERIC F. LEWIS, Plaintiff, v. STUART MILLS, Defendant

Court: United States District Court, E.D. Missouri, Eastern Division

Date published: Aug 17, 2009

No. 4:09CV1291 CDP (E.D. Mo. Aug. 17, 2009)

Opinion

No. 4:09CV1291 CDP.

August 17, 2009

MEMORANDUM AND ORDER

CATHERINE PERRY, District Judge

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."

1 See Lewis v. Univ. Med. Center, 8:07CV27 LSC (D. Neb.); Lewis v. Univ. Med. Center, 4:07CV3012 LES (D. Neb.); Lewis v. Talent Plus, 4:08CV3076 RGK (D. Neb.).

After reviewing the complaint, the Court finds no allegations that would show that plaintiff is in imminent danger of serious physical injury. As a result, the Court will deny the motion and will dismiss this action without prejudice to refiling as a fully paid complaint.

Accordingly, IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis is DENIED. IT IS FURTHER ORDERED that this action is DISMISSED, without prejudice, pursuant to 28 U.S.C. § 1915(g).

An Order of Dismissal shall accompany this Memorandum and Order.