Hawkins v. Marshall, No. 3:2023cv00656 - Document 6 (E.D. Va. 2023)
Court Description: MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 10/27/2023. (Attachments: # 1 Hawkins v. Hale, No. 7:05-CV-00217 (W.D. Va. Apr. 13, 2005), # 2 Hawkins v. Cantrell, No. 7:04-CV-00377 (W.D. Va. July 15, 2004), # 3 Hawkins v. Johnson, No 7:04-CV-00360 (W.D. Va. July 12, 2004))(jpow, )
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Hawkins v. Marshall Doc. 6 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division MAURICE HAWKINS, Plaintiff, Civil Action No. 3:23cv656 V. JUDGE MARSHALL, Defendant. 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 [in forma 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, malicious, or for failure to state a claim. See Hawkins v. Hale, No. 7:05-CV-00217 (W.D. Va. Apr. 13,2005); Hawkins v. Cantrell, No. 7:04-CV-00377 (W.D. Va. July 15, 2004); Hawkins v. Johnson, No 7:04-CV-00360 (W.D. Va. July 12, 2004).^ Plaintiffs current complaint does not suggest that he is in imminent danger of serious physical harm. Accordingly, his request to proceed in forma pauperis will be DENIED. The action will be DISMISSED WITHOUT PREJUDICE. 1 Copies of these decisions are attached to this Memorandum Opinion and Order. The Clerk SHALL docket these decisions as attachments to the Memorandum Opinion. Dockets.Justia.com Plaintiff remains free to submit a new complaint with the full $402.00 filing fee. The Court will process such a complaint as a new civil action. An appropriate Order shall accompany this Memorandum Opinion. Date: Si \c\m\8bS^ M. Hannah ^ United States District Judge Richmond, Virginia 2
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