Prasad v. Cheek et al, No. 3:2019cv00371 - Document 2 (E.D. Va. 2019)
Court Description: MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 5/31/2019. Copy to Plaintiff as directed. (jsmi, )
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Prasad v. Cheek et al Doc. 2 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division SUNDARIK.PRASAD, Plaintiff, V, Civil Action No.3:19CV371 VIVIENE B.CHEEK,et al. Defendants. MEMORANDUM OPINION Plaintiff, a Virginia inmate, has submitted this action and requested leave to proceed in forma pauperis. The pertinent statute provides: In no event shall a prisoner bring a civil action [informa pauperis] ifthe 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 fnvolous, 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). 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.,Prasad v. Hampton Cir. Ct, No. 3:17CV204, at *6(E.D. Va. May 31, 2018), fl^TrfNo. 18-6750, 2018 WL 4460861, at *1; Prasad v. Berger, No.3:17CV74,2018 WL 2088749,at *6(E.D. Va. May 4,2018);Prasad v. JudicialInq. & Review Comm'n., No. 3:17CV498,2018 WL 2015809, at *4(E.D. Va. Apr. 30, 2018); Prasad v. Gothic Beauty Magazine, No. 3:17CV446, 2018 WL 1863650, *5 (E.D. Va. Apr. 18, 2018); Prasad v. United States, No. 3:17CV510, 2018 WL 1143597, at *4 (E.D. Va. Mar. 2, 2018), affd 733 F. App'x 130,131 (4th Cir. 2018);Proraflfv. Washington Metro Police Dep't,'No. 3:17CV140,2018 WL 1091999, at *4(E.D. Va. Feb. 28,2018); Prasad v. Karn Art /«c.. No. 3:17CV62,2017 WL 5012591, at *4(E.D. Va. Nov. 2, 2017), affdlYl F. App'x 329(4th Cir. 2018);Prasad v. Delta Dockets.Justia.com Sigma Theta Sorority, Inc., No. 3:16CV897, 2017 WL 4399551, at *5 (E.D. Va. Oct. 3, 2017), aff"dlYlY. App'x 336(4th Cir. 2018). Plaintiffs current complaint does not suggest that she is in imminent danger of serious physical harm. Accordingly, her request to proceed in forma pauperis will be DENIED. The action will be DISMISSED WITHOUT PREJUDICE. Plaintiff remains free to 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. M. Hannah Lai f , Date: 5/61/19 Richmond, Virginia United States District Judge
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