Howell v. Missouri Department of Corrections et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ALEXANDER E. HOWELL, III, )
)
Plaintiff, )
)
vs. ) No. 4:25-CV-01771 JMB
)
MISSOURI DEPT. OF CORR., et al., )
)
Defendants. )
MEMORANDUM AND ORDER
This matter is before the Court upon its own motion. Self-represented Plaintiff Alexander
Howell, III, an inmate at Missouri Eastern Correctional Center (MECC), filed this civil rights
action for monetary damages and injunctive relief on December 2, 2025. [ECF No. 1]. However,
Plaintiff neither paid the Court filing fee nor filed a motion to proceed without prepayment of fees
or costs. Plaintiff must do one or the other for this case to proceed. See E.D. Mo. L.R. 2.01(B)(1).
If Plaintiff files a motion seeking leave to commence this action without prepaying fees or costs,
he must also file a certified copy of his prison account statement for the six-month period
immediately preceding the filing of the complaint.1 See 28 U.S.C. § 1915(a)(2). Plaintiff’s failure
to timely pay the filing fee or file a motion seeking leave to commence this action without payment
of fees or costs may result in the dismissal of this case, without prejudice and without further
notice.
Accordingly,
1The Court notes that while incarcerated, Plaintiff has brought at least three civil actions in federal court
that were dismissed as frivolous, malicious, or for failure to state a claim. See Howell v. Dep’t of Just.
Servs., No. 4:21-cv-1000-HEA (E.D. Mo.) (dismissed Oct. 29, 2021, for failure to state a claim under 28
U.S.C. § 1915(e)(2)(B)); Howell v. Saint Louis City, No. 4:21-cv-1430-NCC (E.D. Mo.) (dismissed Apr.
15, 2022, for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)); Howell v. Gettinger, No. 4:23-cv-
464-CDP (E.D. Mo.) (dismissed May 12, 2023, for failure to state a claim under 28 U.S.C. §
1915(e)(2)(B)). Thus, it is unlikely he will be granted in forma pauperis status if he seeks to proceed
without prepaying the fees or costs in this action.
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2
IT IS HEREBY ORDERED that the Clerk is directed to send Plaintiff a blank
Application to Proceed in District Court without Prepaying Fees or Costs form.
IT IS FURTHER ORDERED that Plaintiff must either pay the $405 filing fee or submit
a motion to proceed without prepaying fees or costs within thirty (30) days of the date of this
Order.
IT IS FURTHER ORDERED that, if Plaintiff files a motion seeking leave to commence
this action without prepaying fees or costs, he must also submit a certified copy of his prison
account statement for the six-month period immediately preceding the filing of the complaint.
IT IS FINALLY ORDERED that if Plaintiff fails to comply with this Order, the Court
will dismiss this action without prejudice.
Dated this13th day of January, 2026.
/s/ John M. Bodenhausen
JOHN M. BODENHAUSEN
UNITED STATES MAGISTRATE JUDGE
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