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Afiz v. Graham

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

July 25, 2014

ABDUL AL-HAKEEM AFIZ, a/k/a Miron Taylor, Plaintiff,
v.
NORMAN GRAHAM, Defendant,

MEMORANDUM AND ORDER

AUDREY G. FLEISSIG, District Judge.

This matter is before the Court on the submission of plaintiff's complaint. Plaintiff has neither paid the filing fee nor submitted a 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.[1] Under 28 U.S.C. ยง 1915(g), therefore, the Court may not permit plaintiff to proceed in forma pauperis unless he "is under imminent danger of serious physical injury." After reviewing the complaint, the Court finds no allegations showing that plaintiff is in imminent danger of serious physical injury. As a result, plaintiff must pay the filing fee.

Additionally, the complaint is not signed. Plaintiff must submit a signed complaint within thirty days or the complaint will be stricken from the record. Fed.R.Civ.P. 11.

Accordingly,

IT IS HEREBY ORDERED that plaintiff shall pay the $350 filing fee within thirty (30) days of the date of this Order.

IT IS FURTHER ORDERED that plaintiff must submit a signed complaint within thirty (30) days of the date of this Order.

IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, this action will be dismissed without prejudice. See Fed.R.Civ.P. 41(b).


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