Miles v. Lanham et al, No. 3:2015cv00645 - Document 3 (E.D. Va. 2015)
Court Description: MEMORANDUM OPINION. See Opinion for details. Signed by District Judge Robert E. Payne on 12/02/2015. (ccol, )
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Miles v. Lanham et al Doc. 3 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division KELVIN J. MILES, ' I Plaintiff, v. CLERK, U.S. OISTR1CT COURl RICHMOND, VA Civil Action No. 3:15CV645 RICHARD L. LANHAM, et al., Defendants. MEMORANDUM OPINION Kelvin J. Miles, a federal inmate, submitted a'ction and applied to proceed in forma pauper is. this civil 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). Miles has at least three actions that have been dismissed as frivolous, malicious or for failure to state a claim upon which relief could be granted. See Miles v. Md. Parole Comm., No. AW-08-2295, 2008 WL 7706613, at *3 n.3 (D. Md. Sept. 24, 2008) (citations omitted). Miles's current complaint does not demonstrate that he is in imminent danger of serious physical harm. Dockets.Justia.com Accordingly, this Court will dismiss the action without prejudice to Miles' s refiling of the action accompanied by the full $400.00 filing fee. The Clerk of the Court is directed to send a copy of this Memorandum Opinion to Miles. It is so ORDERED. Isl Robert E. Payne Senior United States District Judge Richmond, Virginia Date: December '2---"; 2015 2
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