Oliver v. Edmound et al, No. 7:2024cv00074 - Document 2 (W.D. Va. 2024)
Court Description: MEMORANDUM OPINION. Signed by Judge Thomas T. Cullen on 1/31/2024. (Opinion mailed to Pro Se Party via US Mail)(tvt)
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Oliver v. Edmound et al Doc. 2 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION DAN OLIVER, ) ) Plaintiff, ) Civil Action No. 7:24cv00074 ) v. ) MEMORANDUM OPINION ) WARDEN EDMOUND, et al., ) By: Hon. Thomas T. Cullen ) United States District Judge Defendants. ) ________________________________________________________________________ Plaintiff Dan Oliver, a Virginia prisoner proceeding pro se, filed this civil rights action under 42 U.S.C. § 1983 but did not pay the filing fee. At least three of Oliver’s previous actions have been dismissed as frivolous, malicious, or for failure to state a claim upon which relief may be granted. 1 Therefore, Oliver may not proceed with this action unless he either prepays the filing fee or shows that he is “under imminent danger of serious physical injury.” 2 28 U.S.C. § 1915(g). Because Oliver has neither prepaid the filing fee nor demonstrated that he is “under imminent danger of serious physical injury,” 3 the court will dismiss his complaint without prejudice under § 1915(g). See e.g., Oliver v. Braxton, No. 1:01cv121 (E.D. Va. Mar. 30, 2001) (dismissed for failure to state a claim); Oliver v. Taylor, No.1:01cv221 (E.D. Va. Mar. 30, 2001) (dismissed for failure to state a claim); Oliver v. Braxton, No.1:01cv568 (E.D. Va. May 16, 2001) (dismissed for failure to state a claim). See also Oliver v. Osborne, 75 F. App’x 209 (4th Cir. 2003) (affirming dismissal under § 1915(g)). 1 The court notes that Oliver has been advised of his three-striker status on multiple occasions by this court. See e.g., Oliver v. Osborne, No. 7:03cv683 (W.D. Va. Oct. 22, 2003); Oliver v. Young, No. 7:18cv525 (W.D. Va. Oct. 30, 2018); and Oliver v. Unknown, No. 7:19cv56 (W.D. Va. Jan. 29, 2019). 2 Oliver alleges that the defendant jail officials are depriving him of $502 million that they owe him for nine books he has written since 2017. He needs the money so that he can “write such book[]s as poems of wisdom []and[] unbelievably crazy joke[]s and other NEW up-coming book[]s, like a creative letter book[] for writing interesting letter[]s.” (Compl. at 2 [ECF No. 1].) As relief, Oliver asks the court to order the defendants to pay him $502 million. Oliver’s allegations do not suggest that he is under imminent danger of serious physical injury. 3 Dockets.Justia.com The Clerk is directed to send a copy of this Memorandum Opinion and the accompanying Order to Oliver. ENTERED this 31st day of January, 2024. /s/ Thomas T. Cullen________________ HON. THOMAS T. CULLEN UNITED STATES DISTRICT JUDGE See Springer v. Day, No. 7:16cv261, 2016 U.S. Dist. LEXIS 76270, at *3, 2016 WL 3248601, at *1 (W.D. Va. June 13, 2016) (quoting Lewis v. Sullivan, 279 F.3d 526, 531 (7th Cir. 2002)) (“Courts have held that the imminent danger exception to § 1915(g)’s ‘three strikes’ rule must be construed narrowly and applied only for ‘genuine emergencies,’ where ‘time is pressing’ and ‘a threat . . . is real and proximate’ to the alleged official misconduct.”) -2-
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