United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
A. Ross, Judge
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.
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."
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
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.
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). Orr 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).
Plaintiffs Previous "Strikes"
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). 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). In all of those cases, plaintiffs
complaint was dismissed without prejudice.