Opinion
No. 1:18-CV-228-PLC
09-21-2018
JONATHAN LAMAR BEAL, Plaintiff, v. SETH CRAWFORD, ANTHONY WEAVER, and KENNETT POLICE DEPARTMENT, Defendants.
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. 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. 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 [ECF No. 2] is DENIED.
IT IS FURTHER ORDERED that plaintiff's motion to appoint counsel [ECF No. 3] is DENIED.
IT IS FURTHER ORDERED that this action is DISMISSED without prejudice.
/s/_________
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE Dated this 21st day of September, 2018.
See Beal v. Green, et al., No 1:14-CV-184-SNLJ (E.D. Mo. filed Dec. 16, 2014); Beal v. CO #2, et al., No. 1:15-CV-13-SNLJ (E.D. Mo. filed Jan 22, 2015); and Beal v. Dunklin Cty. Justice Ctr., et al., No. 1:15-CV-16-SNLJ (E.D. Mo. filed Jan. 27, 2015).