United States District Court, E.D. Missouri, Northern Division
MEMORANDUM AND ORDER
RICHARD WEBBER, UNITED STATES DISTRICT JUDGE.
matter comes before the Court on the motion of plaintiff King
Solomon (inmate number 22387) for leave to commence this
civil action without prepayment of the filing fee. ECF No. 2.
While incarcerated, plaintiff has brought more than three
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 plaintiff's motion for leave to proceed in forma
pauperis and dismiss plaintiff's complaint without
is a pro se litigant currently incarcerated at the
Northeast Correctional Center (“NECC”) in Bowling
Green, Missouri. He brings this action pursuant to 42 U.S.C.
§ 1983, naming the Warden and Deputy Warden at NECC as
defendants. It is difficult to discern plaintiff's
ultimate claim, as his complaint consists mainly of
declarative statements in which plaintiff assumes various
titles and mantles of authority. For instance, plaintiff
begins the statement of his claim by stating that he
“would like to proclaim [his] Nationality and Divine
Creed.” ECF No. 1 at 5. He asserts that he is
“Prophet, Noble Drew Ali & the Sultan Abdul Aziz
… Sand, who is Allah himself.” He further claims
he is “the only ‘Journalist' in the whole
world” and the “real ‘true and Divine
Warden, as well as vestryman' in the world.”
Plaintiff asks the Court why he cannot start working while
incarcerated, stating that he will work for $101, 000 a month
for any job. Id.
relief, plaintiff requests that the Court enforce “all
of [his] laws” and “give” the defendants 2,
000 years for “impersonating” him and for
“embezzlement” of his faith. Id. at 6.
He further seeks damages in the amount of “$700, 707,
700 zillion dollars.” Id.
seeks leave to commence this § 1983 action without
prepayment of the required filing fee. He is a frequent filer
who has had more than 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
Three Strikes Rule: 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). Under 28 U.S.C. § 1915(g), a
prisoner's ability to obtain in forma pauperis
status is limited if he has filed at least three actions that
have been dismissed as frivolous, malicious, or for failure
to state a claim. 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).
Plaintiff's Previous “Strikes”
on a review of cases filed in the United States District
Court for the Western District of Missouri,
plaintiff has accumulated more than three
strikes. Based on these cases, the Western District
has determined that, pursuant to 28 U.S.C. § 1915(g),
plaintiff is not allowed to proceed in forma
pauperis. Plaintiff has filed over twenty 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, plaintiff's
complaint was dismissed without prejudice.