Owens v. Virginia Parole Board, No. 3:2023cv00733 - Document 2 (E.D. Va. 2023)
Court Description: MEMORANDUM OPINION. Signed by District Judge Roderick C. Young on 11/22/2023. (adun, )
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Owens v. Virginia Parole Board Doc. 2 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division MICHAEL W. OWENS, Plaintiff, v. Civil Action No. 3:23CV733 (RCY) VIRGINIA PAROLE BOARD, Defendant. MEMORANDUM OPINION Plaintiff, a Virginia inmate, submitted this action. Plaintiff has 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. § 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 Owens v. Dir. Health Care Servs., No. 1:20cv1546 (AJT/IDD) (reciting cases). Plaintiff’s 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. Plaintiff remains free to submit a new complaint with the full $402 filing fee. The Court will process such a complaint as a new civil action. An appropriate Final Order will accompany this Memorandum Opinion. Date: November 22, 2023 Richmond, Virginia /s/ s// Roderick C. Young United States District Judge Dockets.Justia.com
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