Opinion

Barnett

Court
District Court, E.D. Missouri
Filed
May 18, 2026
Cited by
0 cases
Authority
More cited than 41.1%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MISSOURI

EASTERN DIVISION

DEWEY AUSTIN BARNETT, II, )

)

Plaintiff, )

)

vs. ) Case No. 4:26-cv-00734-MTS

)

TRACY BROWN, et al., )

)

Defendants. )

MEMORANDUM AND ORDER

This matter is before the Court on review of Plaintiff’s Motion for Leave to

Proceed in Forma Pauperis. Doc. [2]. Plaintiff currently is a “prisoner” as that term

is defined under 28 U.S.C. § 1915(h). Because he previously filed at least three

actions 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,1 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. 2837 (2022) (“After three strikes, a litigant loses the right to

sue without prepaying the filing fee.”).2

1 See Barnett v. Fox, 4:25-cv-0307-SPM, ECF No. 3 (E.D. Mo. May 13, 2025); Barnett v.

Fox, 4:25-cv-1206-JSD, ECF No. 4 (E.D. Mo. Aug. 27, 2025); Barnett v. Hill, 1:25-cv-

0167-JMB, ECF No. 5 (E.D. Mo. Oct. 8, 2025). See also Barnett v. Stacey, 4:26-cv-

0088-RHH, ECF No. 10 (E.D. Mo. Mar. 16, 2026) (noting Plaintiff has three strikes).

2 Plaintiff’s Complaint does not, in any way, show he is under imminent danger of

serious physical injury. See 28 U.S.C. § 1915(g).

Accordingly,

IT IS HEREBY ORDERED that Plaintiff's Motion for Leave to Proceed in

Forma Pauperis, Doc. [2], is DENIED.

IT IS FURTHER ORDERED that, no later than Monday, June 08, 2026,

Plaintiff shall prepay the entire filing fee of $405 in full. If Plaintiff fails to do so, the

Court will dismiss this action without prejudice and without further notice.

Dated this 18th day of May 2026. CC

ul

UNITED STATES DISTRICT JUDGE

-2-

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