Opinion
No. 4:17 CV 2783 RWS
01-19-2018
LARRY TERRELL HOWARD, Plaintiff, v. MEDIUM SECURITY INSTITUTION, Defendant.
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."
See Howard v. MDOC, No. 4:17-CV-2575 DDN (E.D.Mo.); Howard v. St. Louis County Justice Center, No. 4:17-CV-2577 ACL (E.D.Mo.); Howard v. Miller, No. 4:17-CV-2579 RLW (E.D.Mo.).
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.
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. --------
Accordingly,
IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis [Doc. #2] is DENIED.
IT IS FURTHER ORDERED that this action is DISMISSED without prejudice.
/s/_________
RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
Dated this 19th day of January, 2018.