Opinion
No. 1:13-CV-0043-SNLJ
03-07-2013
EUGENE KENNETH JONES-EL, Plaintiff, v. GEORGE A. LOMBARDI, et al., 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 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 [Doc. #2] is DENIED.
IT IS FURTHER ORDERED that plaintiff's motion to appoint counsel [Doc. #3] 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 will accompany this Order.
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STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE
See Jones v. Joyce, 4:10CV369 FRB (E.D. Mo.); Jones v. Joyce, 4:09CV1972 CEJ (E.D. Mo.); Jones v. Sayle, 4:98CV17 ERW (E.D. Mo.).