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govinfo:USCOURTS-moed-4_21-cv-00940-2
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JOSEPH MICHAEL DEVON ENGEL, )
)
Plaintiff, )
)
v. ) No. 4:21-CV-940 AGF
)
CORIZON MEDICAL, et al., )
)
Defendants. )
MEMORANDUM AND ORDER
This matter is before the Court on plaintiff Joseph Michael Devon Engel ’s motion to
proceed in forma pauperis on appeal. ECF No. 12. W hen the Court dismissed this action on
December 13, 2021, the Court certified in writing that an appeal would not be taken in good faith,
see ECF Nos. 8 & 9; 28 U.S.C. § 1915(a)(3), and it is not apparent that plaintiff now seeks appellate
review of any issue that is not frivolous. See Coppedge v. United States, 369 U.S. 438, 445 (1962).
Furthermore, plaintiff has repeatedly filed meritless lawsuits in this Court, to the point
where this Court has found his litigation practices to be an abuse of the judicial process. See ECF
No. 7. Despite plaintiff’s averments in the instant motion, see ECF No. 12 at 1, plaintiff has filed
at least three actions that were dismissed because they were frivolous, malicious, or failed to state
a claim upon which relief may be granted. 1 Accordingly, he has accumulated three “strikes” as
defined in 28 U.S.C. § 1915(g), and his averments are too vague to establish that he is under
imminent danger of serious physical injury. See ECF No. 7. For these reasons, t he Court finds
plaintiff may not proceed in forma pauperis on appeal. The instant motion will be denied.
1 See Engel v. Governor of Missouri , No. 1:20- cv-217-HEA (E.D. Mo. Dec. 15, 2020); Engel v. United States of
America, No. 4:20-cv-1742-MTS (E.D. Mo. Dec. 18, 2020); Engel v. Missouri Courts, No. 4:20-cv-1258-SPM (E.D.
Mo. Dec. 21, 2020).
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2
Accordingly,
IT IS HER EBY ORDERED that plaintiff’s motion to proceed in forma pauperis on
appeal [ECF No. 12] is DENIED.
IT IS FINALLY ORDERED that plaintiff shall file any future documents or pleadings in
connection with his appeal directly with the United States Court of Appeals for the Eighth Circuit.
Dated this 21st day of December, 2021.
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
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