Opinion
No. 1:08CV121 LMB.
August 18, 2008
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 upon which relief can be granted. 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."
See Vinson v. Caspari, 4:96CV1873 CEJ (E.D. Mo.); Aziz v. Groose, 2:92CV4198 SOW (W.D. Mo.); Vinson v. Dormire, 2:01CV4038 NKL (W.D. Mo.).
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 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.