Green v. Robinson, No. 3:2014cv00631 - Document 5 (E.D. Va. 2014)
Court Description: MEMORANDUM OPINION. It is so Ordered. Signed by District Judge Robert E. Payne on 11/25/2014. Copy mailed to Plaintiff. (ccol, )
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Green v. Robinson Doc. 5 1 l~EI IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA NOV 2 6 2014 yj Richmond Division CLf; WALTER GREEN, Plaintiff, V. SGT. Civil Action No. 3:14CV631 ROBINSON, Defendant. MEMORANDUM OPINION Walter Green, a Virginia state inmate, submitted this civil action and applied to proceed ^ 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 that it is States that was dismissed on the grounds 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). Green has at least three actions or appeals that have been dismissed as frivolous, malicious or for failure to state a claim upon which See Green v. Angelone, No. 3:99CV487 relief could be granted. (E.D. Va. August 11, 1999) (citing Green v. Angelone, No. 97-6638 (4th Cir. May 28, 1997)). Green's current complaint does not demonstrate that he is in imminent danger of serious physical harm. Dockets.Justia.com By Memorandum Order entered on October 10, 2014, this Court denied Green's request to proceed forma pauperis and ordered him to submit the full filing fee within eleven (11) days of the date of entry thereof. The Court also ordered that to the extent Green disputed the fact that he has three actions or appeals that have been dismissed as frivolous, malicious or for failure to state a claim upon which relief could be granted, he must provide an explanation why the determination that he has three strikes is erroneous within eleven (11) days of the date of entry hereof. Green has not paid the filing fee or disputed the Court's conclusion with respect to the determination that he has three strikes. Green simply renewed his request to proceed in forma pauperis. Green directives in Accordingly, See Fed. R. has the failed October to comply 10, 2014 with the Court's Memorandum Order. this action will be dismissed without prejudice. Civ. P. 41(b). The Clerk of the Court is directed to send a copy of this Memorandum Opinion to Green. It is so ORDERED. /s/ Robert E. /iLf Payne Senior United States District Judge Date: Richmond, Virginia
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