Drew et al v. O'Sullivan et al, No. 3:2017cv00789 - Document 18 (E.D. Va. 2018)

Court Description: MEMORANDUM OPINION. See Opinion for complete details. Signed by District Judge Robert E. Payne on 06/05/2018. Copy mailed to Plaintiff.(ccol, )

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Drew et al v. O'Sullivan et al Doc. 18 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division TROY DEWYON DREW, Plaintiff, Civil Action No. 3:17CV789 V. JIM CSULLIVAN, ^ al., Defendants. MEMORANDUM OPINION Troy Dewyon Drew, a Virginia inmate, submitted this civil action and applied to proceed m forma pauperis. By Memorandum Order entered on January 19, 2018, the Court granted Drew leave to proceed m forma pauperis. As explained below, further review of Drew's litigation history reveals that Drew is not entitled to proceed m forma pauperis. Accordingly, the portion of the January 19, 2018 Memorandum Order that granted Drew leave to proceed forma pauperis will be vacated. The pertinent statute provides: In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding [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. Dockets.Justia.com

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