Juste v. Sessions, III et al, No. 3:2018cv00625 - Document 4 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 10/19/2018. (Copy sent to Plaintiff) (smej, )
Download PDF
<![CDATA[
Juste v. Sessions, III et al Doc. 4 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division ANDRE JUSTE, Plaintiff, V. Civil Action No.3:18CV625 JEFFREY B. SESSIONS,HI,et al., Defendants. MEMORANDUM OPINION Plaintiff, a Virginia inmate, has submitted this action and requested leave to proceed in forma 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.^ Juste v. Sessionsy No. 17-1503, 2017 WL 5256216, at *1 (2d Cir. Nov. 6, 2017); Juste v. VilardOy No. 6:17-CV-06842 EAW,2018 WL 401522, at *4(W.D.N.Y. Jan. 12, 2018); Juste v. Kerry, No. 17-327, 2017 WL 1251144, at *4 (W.D. Pa. Apr. 5, 2017); Juste v. Lindsay, No. 15-168,2015 WL 875363, at *2(W.D. Pa. Mar. 2, 2015). Plaintiffs current complaint does not suggest that he is in imminent danger of serious physical harm. Accordingly, his request to proceed informa pauperis will be DENIED. The action will be DISMISSED WITHOUT PREJUDICE. Dockets.Justia.com Plaintiff remains free to submit a new complaint with the full $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. M. Hannj Date: 0CT 1 9 2018 Richmond, Virginia United Siafes District Judge
]]>
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.
