Opinion
No. 4:17-CV-1807-SNLJ
09-26-2017
REGINALD D. WILSON, Plaintiff, v. ST. LOUIS CITY CRIMINAL JUSTICE CENTER, Defendant.
MEMORANDUM AND ORDER
This matter is before the Court on plaintiff's motion to proceed in forma pauperis. Plaintiff, a prisoner, has filed at least three previous cases that were dismissed as frivolous, malicious, or for failure to state a claim. Under 28 U.S.C. § 1915(g), therefore, the Court may not grant the motion unless plaintiff "is under imminent danger of serious physical injury."
After carefully reviewing the complaint, the Court finds no non-conclusory allegations that show plaintiff is in imminent danger of serious physical injury. As a result, the Court will deny the motion and dismiss this action without prejudice to refiling as a fully-paid complaint.
Even if plaintiff were not subject to 28 U.S.C. § 1915(g), this action would be subject to dismissal because it is legally frivolous. Plaintiff names the St. Louis City Justice Center as defendant. However, a department or subdivision of local government is not a "juridical," or suable, entity under 42 U.S.C. § 1983. Ketchum v. City of West Memphis, AR., 974 F.2d 81, 82 (8th Cir. 1992); see also Ballard v. Missouri, Case No. 4:13-CV-528-JAR, (E.D. Mo. Apr. 22, 2013) (dismissing as legally frivolous plaintiff's claims against the City of St. Louis Department of Public Safety, the St. Louis County Justice Center, the City of St. Louis Justice Center, and MSI/Workhouse because those defendants were not suable entities); see also Wallace v. St. Louis City Justice Center, Case No. 4:12-CV-2291-JAR, (E.D. Mo. Jul. 17, 2013) (dismissing claims against the St. Louis City Justice Center because it is not a suable entity).
Accordingly,
IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis (Docket No. 2) is DENIED.
IT IS FURTHER ORDERED that this action is DISMISSED without prejudice. A separate order of dismissal will be entered herewith.
Dated this 26th day of September, 2017.
/s/_________
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE
See Wilson v. City of St. Louis, Case No. 4:07-CV-854 (E.D. Mo. Jun. 25, 2007); Wilson v. Wilson, Case No. 4:09-CV-160-MLM (E.D. Mo. Feb. 18, 2009); Wilson v. Hallazzgo, Case No. 4:09-CV-1346-TCM (E.D. Mo. Sept. 4, 2009); Wilson v. State of Mo., Case No. 4:11-CV-1014-AGF (E.D. Mo. Jul. 19, 2011).