Hearn v. Unknown, No. 3:2012cv00208 - Document 3 (E.D. Va. 2012)
Court Description: MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 7/11/12. Copy sent: Yes(tdai, )
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division MICHAEL HENRY HEARN, Plaintiff, v. Civil Action No. 3:12CV208 UNKNOWN, Defendant. MEMORANDUM OPINION Plaintiff, a Mississippi inmate, submitted this action and requested leave to proceed in forma pauperis. However, this Court denied Plaintiff leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(g). 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. § 1915(g). Plaintiffhas at leastthree other actions or appeals that have been dismissed as frivolous or for failure to state a claim. See, e.g., Hearn v. Warden, No. 4:05cvl8TSL-AGN, 3 n.2 (S.D. Miss. Jan. 28, 2005) (citing cases). On April 23, 2012, this Court entered a Memorandum Order denying Plaintiffs request to proceed in forma pauperis and ordering him to submit the full filing fee within eleven (11) days of the date of entry thereof. Plaintiff failed to comply with the April 23, 2012 Memorandum Order. Accordingly, this action will be DISMISSED WITHOUT PREJUDICE. See Fed. R. Civ. P. 41(b). An appropriate Order shall issue. /s/ Date: ?/////Z Richmond, Virginia John A. GibneyJrT United States District Judge
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