Cooper v. Knox

LAURA DENVIR STITH, Judge.

Appellant William Cooper appeals the dismissal of his in forma pauperis Petition before summons had been served on the defendants. We find that the trial court properly considered the question whether Mr. Cooper was entitled to proceed in forma pauperis before allowing summons to issue, and properly determined that the suit below should be dismissed pursuant to Rule 55.27(a)(10) because Mr. Cooper has another similar case on the same issues pending in federal court. We further find that the suit below was frivolous in that Mr. Cooper has previously had the same suit…