Brown v. Smith et al, No. 3:2018cv00411 - Document 3 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr. on 6/25/2018. Copy to Pro Se Plaintiff. (jsmi, )
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Brown v. Smith et al Doc. 3 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division MILTON BROWN, Plaintiff, V. Civil Action No. 3;18CV411 C.V. SMITH, Defendants. MEMORANDUM OPINION Plaintiff, a Virginia inmate, 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. ยง 1915(g). Plaintiff has at least three other actions or appeals that have been dismissed as frivolous or for failure to state a claim. See, e.g.^ Brown v. Goff No. 3:18CV223,EOF Nos. 7, 8(E.D. Va. June 13, 2018); Brown v. United States Department o/Justice, No. 3:18CV347, ECF Nos. 3, 4 (E.D. Va. June 12, 2018); Brown v. United States Department of Justice, No. 3:18CV341, ECF Nos. 3,4(E.D. Va. June 12, 2018); Brown v. United States Department of Justice, No. 3:18CV339, ECF Nos. 3, 4 (E.D. Va. June 12, 2018); Brown v. Smith, No. 3:18CV225, ECF Nos. 8,9(E.D. Va. June 12, 2018). Plaintiffs current complaint does not suggest that he is in imminent danger of serious physical harm. Accordingly, Plaintiffs request to proceed in forma pauperis is DENIED. The action will be DISMISSED WITHOUT Dockets.Justia.com PREJUDICE. If Plaintiff wishes to proceed with this action, he may submit a new complaint with the full $400 filing fee. The Court will process such a complaint as a new civil action. An appropriate Order shall accompany this Memorandum Opinion. It is so ORDERED. Date: Richmond, Virginia John A.Gibney, Jr. / United States Distriw Judgei
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