Miles v. Lanham et al, No. 3:2017cv00175 - Document 3 (E.D. Va. 2017)
Court Description: MEMORANDUM OPINION. See OPINION for complete details. Signed by District Judge Robert E. Payne on 04/03/2017. Copy mailed to Plaintiff as directed.(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 IL APR - 3 2ot7 KELVIN J. MILES, CLERK, U.S. DISTRICT COURT RICHMOND VA Plaintiff, v. Civil Action No. 3:17CV175 RICHARD L. LANHAM, et al., Defendants. MEMORANDUM OPINION Kelvin J. Miles, a federal inmate, submitted action and applied to proceed in forma pauperis. 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 Parole Comm., No. AW-08-2295, 2008 WL 7706613, at *3 n.3 Sept. 24, 2008) Miles' s in imminent v. Md. (D. Md. (citations omitted). current complaint does not demonstrate that he is danger of serious physical harm. Instead, Miles Dockets.Justia.com makes a fantastic claim that "Deputy Senior U.S. Marshal Richard L. Lanham has been following" (Compl. and harassing Lanham since 1979. 5 (capitalization corrected).) Accordingly, this Court will dismiss the action without prejudice to Miles 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. /s/ &ff Robert E. Payne Senior United States District Judge Date: Richmond, Virginia 2
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