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Bell v. STE. Genevieve County

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

February 9, 2015

JOSHUA AARON BELL, Plaintiff,
v.
STE. GENEVIEVE COUNTY, et al., Defendants,

MEMORANDUM AND ORDER

STEPHEN N. LIMBAUGH, Jr., District Judge.

This matter comes before the Court on plaintiff's motion for leave to proceed in forma pauperis and civil complaint under 42 U.S.C. § 1983. Under 28 U.S.C. § 1915(e), the Court is required to dismiss the complaint if it is frivolous, malicious, or fails to state a claim upon which relief can be granted.[1]

Plaintiff sues defendants for false arrest and excessive use of force. Plaintiff's complaint stems from an arrest on April 7, 2014. Plaintiff filed a complaint under § 1983 alleging the same facts before he filed this case. Bell v. Ste. Genevieve County, No. 1:14CV94 SNLJ (E.D. Mo.). The older case was stayed under Wallace v. Kato, 549 U.S. 384, 397 (2007), on June 27, 2014. Plaintiff is not permitted to bring two federal civil actions on the same facts. Therefore, the Court will direct plaintiff to show cause why this action should not be dismissed without further proceedings.

Accordingly,

IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis [ECF No. 2] is GRANTED.

IT IS FURTHER ORDERED that plaintiff shall show cause, no later than March 2, 2015, why this action should not be dismissed as duplicative.


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