Phillips v. Moore

District Court, E.D. Missouri

Phillips v. Moore

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

CLINT PHILLIPS, III, ) ) Plaintiff, ) ) vs. ) Case No. 4:24-cv-00045-MTS ) OFFICER R. MOORE, et al., ) ) Defendants. )

MEMORANDUM AND ORDER This matter is before the Court on review of the file. Plaintiff has filed a pro se Complaint in this matter but has not paid the required filing fee. See

28 U.S.C. § 1914

(a), (b). Nor has Plaintiff moved to proceed in forma pauperis. Plaintiff currently is a “prisoner” as that term is defined under

28 U.S.C. § 1915

(h). Because he previously has filed at least three actions1 while a prisoner that the Court later dismissed as frivolous, malicious, or because they failed to state a claim upon which relief may be granted, Plaintiff cannot proceed with his instant action unless he prepays the entire $405 filing fee.

28 U.S.C. § 1915

(g); see also Gonzalez v. United States,

23 F.4th 788, 789

(8th Cir.), cert. denied,

142 S. Ct. 1

See, e.g., Phillips v. St. Louis City Police Officers, 4:17-cv-01637-HEA (E.D. Mo.); Phillips v. Romeo, 4:17-cv-01636-NAB (E.D. Mo.); Phillips v. City of St. Louis, 4:11-cv-00791-CEJ (E.D. Mo.). 2837 (2022) (“After three strikes, a litigant loses the right to sue without prepaying the filing fee.’’).” The Court will provide Plaintiff through Thursday, February 15, 2024 to

prepay the entire filing fee of $405 in full or the Court will dismiss this action without prejudice and without further notice. So ORDERED this 26th day of January 2024. UNITED STATES DISTRICT JUDGE

2 His Complaint does not, in any way, show he is under imminent danger of serious physical injury. See

28 U.S.C. § 1915

(g). _2-

Reference

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