Phillips v. United States et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MISSOURI
CLINT PHILLIPS III,
Plaintiff,
v.
UNITED STATES, et al.,
Defendants.
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No. 4:25-cv-01246-JMD
MEMORANDUM AND ORDER
In August 2025, Clint Phillips III, a self-represented litigant, filed a complaint, a
request to pay a reduced filing fee, and a motion for appointment of counsel. ECF 1, 2, 3.
Four months later, Phillips moved for summary judgment. ECF 9. For the reasons set forth
below, the Court denies all pending motions.
I. Background
Phillips has filed over 70 cases in this Court since 2010. See Phillips v. Unknown
Lawton, et al., No. 4:25-cv-00221-SEP, ECF 6 (E.D. Mo. Jul. 2, 2025). In the present action,
he sues the United States and several employees of the Department of Veterans Affairs for
alleged civil rights violations. ECF 1 at 1–3.
Phillips has accrued three or more “strikes” under 28 U.S.C. § 1915(g) based on prior
actions dismissed as frivolous, malicious, or for failure to state a claim. However, because
Phillips was not incarcerated when he filed this action, § 1915(g) does not apply.
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II. Filing fee
In a handwritten “Memorandum for Clerk,” Phillips asks the Court to assess a
reduced filing fee. ECF 2. The Court construes the request as a motion to proceed in forma
pauperis.
Congress requires federal courts to collect a filing fee from any party instituting a civil
action. 28 U.S.C. § 1914. A court may waive prepayment of that fee for a litigant who
demonstrates an inability to pay. 28 U.S.C. § 1915(a)(1). When the Court grants such a
waiver, the plaintiff may proceed in forma pauperis.
To obtain this status, a non-prisoner litigant must file a motion supported by an
affidavit demonstrating an inability to pay. If the Court determines that the litigant lacks
sufficient financial resources, it waives the filing fee entirely.
Local Rule 2.06(A) requires “self-represented plaintiffs or petitioners” to use “Court-
provided forms where applicable.” Because Phillips did not submit his request on the
required form, the Court denies the request. If Phillips wishes to pursue this action, he must
either (1) pay the full $405 filing fee or (2) file a renewed in forma pauperis motion on the
enclosed Court-provided form within 14 days.
III. Motion for appointment of counsel
Phillips requests appointed counsel to assist him with this litigation. ECF 3. In civil
cases, self-represented litigants have no “constitutional or statutory right to appointed
counsel.” Ward v. Smith, 721 F.3d 940, 942 (8th Cir. 2013) (per curiam) (citation omitted).
Even so, a district court may appoint counsel where the claims are non-frivolous and the
litigation “will benefit from the assistance of counsel.” Patterson v. Kelley, 902 F.3d 845, 850
(8th Cir. 2018) (quoting Johnson v. Williams, 788 F.2d 1319, 1322 (8th Cir. 1986)).
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Appointment of counsel is not warranted at this time. Until Phillips either pays the
filing fee or properly obtains in forma pauperis status, the Court cannot assess the merits of
his complaint or determine whether the litigation would benefit from the assistance of
counsel. The Court therefore denies Phillips’s motion for appointment of counsel without
prejudice.
IV. Motion for summary judgment
Phillips also moves for summary judgment. ECF 9. The Court has yet to determine
whether Phillips qualifies for in forma pauperis status or to complete screening under 28
U.S.C. § 1915, if applicable. Federal Rule of Civil Procedure 56 governs summary judgment
and requires a developed factual record and proper notice to the opposing party. Fed. R. Civ.
P. 56(c), (f). Because this action has not reached that stage, the Court denies Phillips’s motion
as premature.
V. Conclusion
For the foregoing reasons, the Court denies all pending motions.
Accordingly,
IT IS HEREBY ORDERED that Phillips’s motion to proceed in forma pauperis, ECF
2, motion for appointment of counsel, ECF 3, and motion for summary judgment, ECF 9, are
DENIED.
IT IS FURTHER ORDERED that if Phillips wishes to pursue this action, he must,
no later than February 12, 2026, either (1) pay the full $405 filing fee or (2) file a renewed in
forma pauperis motion on the enclosed form.
IT IS FURTHER ORDERED that the Clerk of Court shall mail to Phillips a copy of
the Court’s Application to Proceed in District Court Without Prepaying Fees or Costs.
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Phillips’s failure to comply with this order may result in the dismissal of this action
without prejudice and without further notice.
Dated this 29th day of January, 2026.
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JOSHUA M. DIVINE
UNITED STATES DISTRICT JUDGE
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