Brown v. Gusler et al, No. 3:2018cv00410 - Document 3 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION. SEE OPINION for complete details. Signed by District Judge John A. Gibney, Jr on 07/11/2018. Copy mailed to Plaintiff.(ccol, )
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Brown v. Gusler et al Doc. 3 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division MILTON BROWN, L JU. ISjoig CLERK, U.S. DISTRICT COURT RICHMOMD. VA Plaintiff, V. Civil Action No.3:18CV410 LT.T. GUSLER,e/fl/., 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 pauperis] if the prisoner has, on 3 or more prior occasions, while incarcerated 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. Gojf, No. 3:18CV223, EOF Nos. 7, 8(E.D. Va. June 13,2018); Brown v. United States Department ofJustice, 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 action will be DISMISSED WITHOUT Dockets.Justia.com
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