Barnett v. Stacey

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>