Engel v. Corizon
Engel v. Corizon
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION
JOSEPH MICHAEL DEVON ENGEL, ) ) Plaintiff, ) ) v. ) No. 4:20-CV-1939 JMB ) CORIZON, et al., ) ) Defendants. )
MEMORANDUM AND ORDER This matter is before the Court on plaintiff’s motion to proceed in forma pauperis on appeal. As discussed in the Memorandum and Order in Engel v. Jefferson County Sheriff’s Department, No. 4:21-cv-856 (E.D. Mo), issued July 22, 2021, plaintiff has accumulated more than three “strikes” pursuant to
28 U.S.C. § 1915(g), and he does not qualify for the imminent danger exception. Further, plaintiff has engaged in the practice of repeatedly filing meritless lawsuits in this Court. Since September 2020, plaintiff has filed over one-hundred-thirty (130) lawsuits in this Court, which is an abuse of the judicial process. As of this date, most of his lawsuits have been dismissed as frivolous, malicious and/or for failure to state a claim. See
28 U.S.C. § 1915(e)(2)(B). Finally, it is apparent that plaintiff now seeks appellate review of an issue that is frivolous. See Coppedge v. United States,
369 U.S. 438, 445(1962). As a result, for the above stated reasons, the Court finds that an appeal of this matter may not be taken in good faith and plaintiff’s motion to proceed in forma pauperis on appeal will be denied. See
28 U.S.C. § 1915(a)(3). Accordingly, IT IS HEREBY ORDERED that plaintiffs motion to proceed in forma pauperis on appeal [ECF No. 7] is DENIED. IT IS FURTHER ORDERED that within thirty (30) days from the date of this Order, plaintiff shall pay to this Court the full $505.00 filing fee for filing an appeal. Plaintiffis instructed to make his remittance payable to “Clerk, United States District Court,” and to include upon it: (1) his name; (2) his prison identification number; (3) the case number; and (4) that the remittance is for the appeal of the instant action. IT IS FINALLY ORDERED that plaintiff shall file any future documents or pleadings in connection with his appeal directly with the United States Court of Appeals for the Eighth Circuit. Dated this 23rd day of July, 2021.
RONNIE L. WHITE UNITED STATES DISTRICT JUDGE
Reference
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