Brown v. Whitehead et al, No. 3:2018cv00409 - Document 3 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION. See Opinion for details. It is so ORDERED. Signed by District Judge John A. Gibney, Jr. on 6/25/2018. (sbea, )
Download PDF
<![CDATA[
Brown v. Whitehead et al Doc. 3 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division CLERK. U.S. DISTRICT COURT RICHMOMD. VA MILTON BROWN, Plaintiff, V. Civil Action No.3:18CV409 SOT. H. WHITEHEAD,et ai, Defendants. MEMORANDUM OPINION Plaintiff, a Virginia inmate, submitted this action and requested leave to proceed informa pauperis. The pertinent statute provides: In no event shall a prisoner bring a civil action [informa pauperise if the prisoner has, on 3 or more prior oecasions, while inearcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury. 28 U.S.C. ยง 1915(g). Plaintiff has at least three other actions or appeals that have been dismissed as frivolous or for failure to state a claim. See, e.g.. Brown v. Goff No. 3:18CV223, ECF Nos. 7, 8(E.D. Va. June 13,2018); Brown v. United States Department o/Justice, No. 3:18CV347, ECF Nos. 3, 4 (E.D. Va. June 12, 2018); Brown v. United States Department of Justice, No. 3:18CV341, ECF Nos. 3,4(E.D. Va. June 12, 2018); Brown v. United States Department of Justice, No. 3:18CV339, ECF Nos. 3, 4 (E.D. Va. June 12, 2018); Brown v. Smith, No. 3:18CV225, ECF Nos. 8,9(E.D. Va. June 12, 2018). Plaintiffs current complaint does not suggest that he is in imminent danger of serious physical harm. Accordingly, Plaintiffs request to proceed in forma pauperis is DENIED. The aetion will be DISMISSED WITHOUT Dockets.Justia.com PREJUDICE. If Plaintiff wishes to proceed with this action, he may submit a new complaint with the lull $400 filing fee. The Court will process such a complaint as a new civil action. An appropriate Order shall accompany this Memorandum Opinion. It is so ORDERED. John A.Gibney,Jr. Date: Richmond, Virginia United States Disi
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
