Newkirk v. Fleming et al, No. 3:2016cv00369 - Document 5 (E.D. Va. 2016)

Court Description: MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 7/28/2016. (sbea, )

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Newkirk v. Fleming et al Doc. 5 R * IN THE UNITED STATES DISTRICT COURT JUL 2 8 2016 FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division CLERK, U.S DISTRICT COURl RICHMOrjn VA KENNETH NEWKIRK, Plaintiff. Civil Action No. 3;16CV369-HEH V. WARDEN FLEMING, et ai. Defendants. MEMORANDUM OPINION (Dismissing Without Prejudice 42 U.S.C. § 1983 Action) Kenneth Newkirk, a Virginia inmate proceeding pro se, submitted this action and requested leave to proceed informa pauperis. 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). Newkirk has at least three other actions or appeals that have been dismissed as frivolous or for failure to slate a claim. See, e.g., Newkirk v. Shaw, No. 3:14CV426HEH, 2014 WL 4161991, at *3 (E.D. Va. Aug. 19, 2014); Newkirk v. Cir. Ct. of Hampton, No. 3:14CV372-HEH, 2014 WL 4072212, at *3 (E.D. Va. Aug. 14, 2014); Newkirk v. Lerner, No. 3:13CV364-HEH, 2014 WL 587174, at *2-5 (E.D. Va. Feb. 14. 2014); Newkirk V. Chappell, No. 3:13CV73-HEH, 2013 WL 5467232, at *3 (E.D. Va. Sept. 30, 2013). Newkirk's current complaint docs not demonstrate that he is imminent Dockets.Justia.com danger of serious physical harm. Accordingly, the Court will deny Newkirk's request to proceed informa pauperis. The Court will dismiss the action without prejudice to Newkirk's refiling of the action accompanied by the full $400.00 filing fee. An appropriate Order will accompany this Memorandum Opinion. /s/ HENRY E. HUDSON Date: JuL 2g 20/ ^ Richmond, Virginia UNITED STATES DISTRICT JUDGE

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