Engel v. PayPal, No. 4:2021cv00886 - Document 2 (E.D. Mo. 2021)

Court Description: OPINION, MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the Clerk is directed to mail to plaintiff a copy of the motion to proceed in forma pauperis form for prisoners. IT IS FURTHER ORDERED that plaintiff must either pay the $402 filing fee or submit a motion to proceed in forma pauperis within twenty-one (21) days of the date of this Order. IT IS FURTHER ORDERED that if plaintiff files a motion to proceed in forma pauperis, he must also file a certified copy of his prison account statement for the six-month period preceding the filing of the complaint. IT IS FINALLY ORDERED that if plaintiff fails to comply with this Order, the Court will dismiss this action without prejudice. If the case is dismissed for non-compliance wi th this Order, the dismissal will not count as a "strike" under 28 U.S.C. § 1915(g). Response to Court due by 8/13/2021. Signed by District Judge Henry Edward Autrey on July 23, 2021. (MCB) (Opinion, Memorandum and Order and form sent to plaintiff this date.)

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Engel v. PayPal Doc. 2 Case: 4:21-cv-00886-HEA Doc. #: 2 Filed: 07/23/21 Page: 1 of 2 PageID #: 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION JOSEPH MICHAEL DEVON ENGEL, Plaintiff, v. PAYPAL, Defendant. ) ) ) ) ) ) ) ) ) No. 4:21-CV-886 HEA OPINION, MEMORANDUM AND ORDER This matter is before the Court upon its own motion. Self-represented plaintiff Joseph Michael Devon Engel’s civil complaint for money damages was received by the Court for filing on July 21, 2021. However, plaintiff neither paid the $402 court filing fee nor filed a motion to proceed in forma pauperis (or without prepayment of fees or costs), along with a certified copy of his account statement. See 28 U.S.C. § 1915(a).1 As such, the Court will allow plaintiff twentyone (21) days to either pay the full filing fee or file his motion to proceed in forma pauperis and account statement. His failure to do so in a timely manner will result in a dismissal of this action, without prejudice. Accordingly, IT IS HEREBY ORDERED that the Clerk is directed to mail to plaintiff a copy of the motion to proceed in forma pauperis form for prisoners. IT IS FURTHER ORDERED that plaintiff must either pay the $402 filing fee or submit a motion to proceed in forma pauperis within twenty-one (21) days of the date of this Order. The Court notes that plaintiff has accumulated “three strikes” pursuant to 28 U.S.C. § 1915(g) by having three actions dismissed as frivolous, malicious and/or for failure to state a claim upon which relief may be granted. Thus, if he seeks leave to proceed in forma pauperis in this action, his request will likely be denied unless he can show he was under imminent danger of serious physical injury at the time of the filing of the complaint. 1 Dockets.Justia.com Case: 4:21-cv-00886-HEA Doc. #: 2 Filed: 07/23/21 Page: 2 of 2 PageID #: 10 IT IS FURTHER ORDERED that if plaintiff files a motion to proceed in forma pauperis, he must also file a certified copy of his prison account statement for the six-month period preceding the filing of the complaint. IT IS FINALLY ORDERED that if plaintiff fails to comply with this Order, the Court will dismiss this action without prejudice. If the case is dismissed for non-compliance with this Order, the dismissal will not count as a “strike” under 28 U.S.C. § 1915(g). Dated this 23rd day of July, 2021. HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE 2

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