4:26-cv-00088•Barnett v. Stacey
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION DEWEY AUSTIN BARNETT, ) ) Plaintiff, ) ) v. ) No. 4:26-CV-00088 RHH ) JUDGE BRENDA STACEY, ) ) Defendant. ) OPINION, MEMORANDUM AND ORDER This matter is before the Court on plaintiff’s motion to proceed in forma pauperis on appeal. [ECF No. 9.] When the Court dismissed this action, it certified in writing that an appeal would not be taken in good faith, see ECF No. 6; 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.1 See Coppedge v. United States, 369 U.S. 438, 445 (1962). As a result, the Court will deny the motion. Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma pauperis on appeal [ECF No. 9] is DENIED. Dated this 16 th day of March, 2026. HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE 1 The Court notes that plaintiff is also known as a “three striker,” meaning that while incarcerated, he has brought at least 3 civil actions that were dismissed as frivolous, malicious or for failure to state a claim upon which relief may be granted. See Barnett v. Fox, et al., No. 4:25-cv-00307 SPM (E.D.Mo. May 13, 2025); Barnett v. Fox, No. 4:25-cv-01206 JSD (E.D. Mo. Aug. 27, 2025); and Barnett v. Hill, et al., No. 1:25-cv-00167 JMB (E.D. Mo. Oct. 8, 2025). Case: 4:26-cv-00088-RHH Doc. #: 10 Filed: 03/16/26 Page: 1 of 1 PageID #: <pageID>
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