United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
STEPHEN R. CLARK UNITED STATES DISTRICT JUDGE
matter is before the Court upon the motion of plaintiff
Willie Cox, Jr., a/k/a Abbue-Jah, for leave to proceed in
forma pauperis in this civil action. ECF No. 2. For the
reasons explained below, the motion will be denied, and this
case will be dismissed.
Standard on Initial Review
to 28 U.S.C. § 1915(e)(2), the Court is required to
closely screen cases where, as here, there is an application
to proceed in forma pauperis. The Court may deny a litigant
leave to proceed in forma pauperis and dismiss an action if
it determines that the complaint is frivolous or malicious. A
complaint is frivolous “where it lacks an arguable
basis either in law or in fact.” Neitzke v.
Williams, 490 U.S. 319, 325 (1989). A complaint is
malicious if it was filed for the purpose of harassing the
named defendant and not for the purpose of vindicating a
cognizable right. Spencer v. Rhodes, 656 F.Supp.
458, 461-63 (E.D. N.C. 1987), aff'd 826 F.2d
1061 (4th Cir. 1987).
considering whether a complaint is malicious, the Court may
refer to objective factors such as the circumstances
surrounding the filing and the nature of the allegations.
Id. Additionally, the Eighth Circuit has recognized
that “malicious” applies to situations where the
complaint is “plainly part of a longstanding pattern of
abusive and repetitious lawsuits.” Horsey
v. Asher, 741 F.2d 209, 213 (8th Cir. 1984);
Cooper v. Wood, 111 F.3d 135 (8th Cir. 1997)
(unpublished); see also In re McDonald, 489 U.S. 180
(1989) (leave to proceed in forma pauperis can be denied
based in part on prior abusive litigation).
case at bar is one of many interrelated civil rights actions
plaintiff has filed pro se and in forma pauperis in this
Court since September 17, 2019. As of the date of this Memorandum
and Order, all of plaintiff's cases that have been
reviewed pursuant to 28 U.S.C. § 1915(e)(2)(B) have been
dismissed for one of the reasons set forth therein. In
Cox v. City of Clayton, 4:19-cv-03091-RLW, the
Honorable Ronnie L. White determined that plaintiff's
repeated filing of frivolous and interrelated lawsuits
amounted to abuse of the judicial process, and cautioned him
that restrictions may be imposed if he continued the
practice. On November 22, 2019, plaintiff began filing
lawsuits seeking damages against the District Judges of this
Court who dismissed his cases. On December 10, 2019, the judges
of the Eastern District of Missouri en banc issued
an order giving plaintiff ten days to show cause as to why he
should not be prohibited from filing future actions in this
Court without first obtaining leave of the Court.
brings this action against the Honorable Audrey G. Fleissig.
His statement of the claim is as follows:
Constitutional right violated When:
It happened when Ms. Audrey G. Fleissig violated it.
Where Ms. Audrey G. Fleissig was when she ...