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United States v. Jones-Bey

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

July 29, 2019

KING SOLOMON SEALS, Plaintiff,
v.
ROBERT JONES-BEY, Defendant.

          MEMORANDUM AND ORDER

          John A. Ross, Judge

         This matter comes before the Court on the motion of plaintiff King Solomon Seals 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 plaintiffs complaint without prejudice.

         The Complaint

         Plaintiff is a pro se litigant currently incarcerated at the Potosi Correctional Center in Mineral Point, Missouri. He brings this action pursuant to 42 U.S.C. § 1983, naming the Robert Jones-Bey, The So-Called National Grand Sheik of the M.S.F. of A., Inc. as defendant. It is difficult to discern plaintiffs ultimate claim, as his complaint consists mainly of declarative statements in which plaintiff assumes various titles and mantles of authority. For instance, plaintiff states that he "would like to proclaim [his] nationality and divine creed." (Docket No. 1 at 5). He asserts that he is "Prophet, Noble, Drew Ali & Sultan, Abdul, Azis...& The Adept Chamber of the M.S.F. of A. 3rd Heaven." He further claims he is "the Mighty Allah..the only land-lord in the whole world." He calls himself, "King, Solomon & Queen Solomon Seals..the Mighty Allah."

         Plaintiff requests that the Court enforce the laws that he has established in America. (Docket No. 1 at 6). He further seeks damages in the amount of "$700, 707, 700 zillion dollars."

         Discussion

         Plaintiff seeks leave to commence this § 1983 action without prepayment of the required filing fee. He is a frequent filer who has had three previous cases dismissed on the basis of frivolity, maliciousness, or for failure to state a claim. As such, his motion to proceed in forma pauperis will be denied and his case dismissed without prejudice.

         A. 28 U.S.C. § 1915(g)

         The Prison Litigation Reform Act of 1996 enacted what is commonly known as the "three strikes" provision of 28 U.S.C. § 1915(g). Orr v. Clements, 688 F.3d 463, 464 (8th Cir. 2012). Section 1915(g) provides in relevant part:

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 physical injury.

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).

         B. Plaintiffs Previous "Strikes"

          Review of plaintiff s files in the United States District Court for the Western District of Missouri reveal that he has accumulated three strikes. Seales v. Groose, No. 2:95-cv-4187-SOW (W.D. Mo. July 17, 1995); Seales v. Moorish Science Temple, No. 2:95-cv-4246-SOW (W.D. Mo. Sept. 14, 1995); and Seales v. Groose, No. 2:96-cv-4053-FJG (W.D. Mo. April 22, 1996).[1] Based on these cases, the Western District has determined that plaintiff has accumulated three strikes pursuant to 28 U.S.C. § 1915(g), and that he is not allowed to proceed in forma pauperis. Seales v. Purkett, No. 2:99-cv-4050-NKL (W.D. Mo. April 16, 1999). Plaintiff has also filed fourteen separate cases in the United States District Court for the Eastern District of Missouri in which he has been denied in forma pauperis status on the basis of § 1915(g).[2] In all of those cases, plaintiffs complaint was dismissed without prejudice.

         C. ...


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