United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
A. ROSS, UNITED DISTRICT JUDGE.
matter comes before the Court on the motion of plaintiff
William Jones for leave to commence this civil action without
prepayment of the filing fee. (Docket No. 2). While
incarcerated, plaintiff has brought three or more civil
actions in federal court that were dismissed as frivolous,
malicious, or for failure to state a claim. Accordingly, for
the reasons discussed below, the Court will deny plaintiffs
motion for leave to proceed in forma pauperis and dismiss
plaintiff s complaint without prejudice.
is currently incarcerated at the Jefferson City Correctional
Center (JCCC) in Jefferson City, Missouri. He brings this
action pursuant to 42 U.S.C. § 1983, naming the
Department of Corrections as defendant.
alleges that the attorney general violated his right to due
process by not investigating his grievance. (Docket No. 1 at
5). This grievance relates to his time incarcerated at both
the JCCC and the South Central Correctional Center in
Licking, Missouri. He states that while at those
institutions, he was subjected to negligence, deliberate
indifference, and cruel and unusual punishment regarding
"sexual assault and [harassment] by correction
staff." He further asserts that he complained to the
attorney general "right away." However, they have
not investigated or looked into his complaints.
is seeking declaratory and injunctive relief, as well as $70,
000 in damages. (Docket No. 1 at 6).
seeks leave to commence this § 1983 action without
prepayment of the required filing fee. Because plaintiff has
had three previous cases dismissed on the basis of frivolity,
maliciousness, or for failure to state a claim, his motion to
proceed in forma pauperis will be denied and his case
dismissed without prejudice.
28 U.S.C. § 1915(g)
Prison Litigation Reform Act of 1996 enacted what is commonly
known as the "three strikes" provision of 28 U.S.C.
§ 1915(g). On v. Clements, 688 F.3d 463, 464
(8th Cir. 2012). Section 1915(g) provides in
In no event shall a prisoner bring a civil action...under
this section if the prisoner has, on three or more prior
occasions, while incarcerated or detained in any facility,
brought an action...in a court of the United States that was
dismissed on the grounds that it is frivolous, malicious, or
fails to state a claim upon which relief may be granted,
unless the prisoner is under imminent danger of serious
28 U.S.C. § 1915(g). This section does not apply unless
the inmate litigant has three strikes at the time he files
his lawsuit or appeal. Campbell v. Davenport Police
Dep't, 471 F.3d 952, 952 (8th Cir. 2006).
Prisoners who have had three previous civil lawsuits or
appeals dismissed as frivolous, malicious, or for failure to
state a claim must prepay the entire filing fee. Lyon v.
Krol, 127 F.3d 763, 764 (8th Cir. 1997).
Plaintiff s Previous "Strikes"
of this Court's files reveals that plaintiff has
accumulated three strikes. See Jones v. Medium Security
Institute, No. 4:07-cv-01183-CEJ (E.D. Mo. Oct. 17,
2007) (plaintiffs § 1983 action dismissed as legally
frivolous and for failure to state a claim); Jones v.
Weldon, No. 4:13-cv-01434-SNLJ (E.D. Mo. Oct. 2, 2013)
(plaintiffs § 1983 action dismissed as legally frivolous
and for failure to state a claim); and Jones v. Missouri
Dep't of Corrs., No. 1:l4-cv-00062-ACL (E.D. Mo. May
8, 2014) (plaintiffs § 1983 action dismissed as legally
frivolous and for failure to state a claim). The Court also
notes that plaintiff has previously had a motion for leave ...