LoRusso v. Hawley, No. 4:2022cv00448 - Document 6 (E.D. Mo. 2022)
Court Description: OPINION, MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis [ECF No. 5 ] is DENIED. IT IS FURTHER ORDERED that this action is DISMISSED without prejudice. A separate Order of Dismissal will accompany this Memorandum and Order. Signed by District Judge Henry Edward Autrey on 10/11/22. (EAB)
Download PDF
<![CDATA[
LoRusso v. Hawley Doc. 6 Case: 4:22-cv-00448-SPM Doc. #: 6 Filed: 10/11/22 Page: 1 of 2 PageID #: 29 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION MICHAEL ANTHONY LORUSSO, Plaintiff, v. JOSH HAWLEY, Defendant. ) ) ) ) ) ) ) ) ) No. 4:22-cv-00448-SPM OPINION, 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.1 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 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. Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for leave to proceed in forma pauperis [ECF No. 5] is DENIED. IT IS FURTHER ORDERED that this action is DISMISSED without prejudice. 1 LoRusso v. McCabe, No. 8:20-cv-1916-TPB-AEP (M.D. Fla. filed Dec. 15, 2020); LoRusso v. Dillinger, No. 8:20-cv-2748-WFJ-AAS (M.D. Fla. filed Nov. 23, 2020); LoRusso v. Upton, No. 1:03-cv-00190-WLS (M.D. Ga. filed Dec. 30, 2003); and LoRusso v. Fayette County, et al., No. 1:03-cv-00005-WLS (M.D. Ga. filed Nov. 3, 2003). Dockets.Justia.com Case: 4:22-cv-00448-SPM Doc. #: 6 Filed: 10/11/22 Page: 2 of 2 PageID #: 30 A separate Order of Dismissal will accompany this Memorandum and Order. Dated this 11th day of October, 2022. HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE -2-
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
