Prasad v. David, et al., No. 3:2019cv00785 - Document 2 (E.D. Va. 2019)
Court Description: MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 10/25/2019. (Copy mailed to Plaintiff) (smej, )
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Prasad v. David, et al. Doc. 2 f "'-ft IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA OCT 2 5 2019 Richmond Division CLERK, U.S. DlSTRiCT COURT SUNDARI K.PRASAD, RICHMOND, VA Plaintiff, V. Civil Action No.3:19CV785 BRUCE DAVID, a/:, 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 pauperise 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., Prasadv. Hampton Cir. Ct, No. 3:17CV204, at *6(E.D. Va. May 31, 2018), aff'd'Ho. 18-6750, 2018 WL 4460861, Prasad^^. Berger, No. 3:17CV74,2018 WL 2088749, at *6(E.D. Va. May 4,2018); Prasadv. JudicialInq. & Review Comm'n., No. 3:17CV498,2018 WL 2015809, at *4(E.D. Va. Apr. 30, 2018); Prasadv. Gothic Beauty Magazine, No. 3:17CV446,2018 WL 1863650, at *5(E.D. Va. Apr. 18, 2018); Prasadv. United States, No. 3:17CV510,2018 WL 1143597, at *4(E.D. Va. Mar. 2, 2018), aff 733 F. App'x 130, 131 (4th Cir. 2018); Prasad v. Wash. Metro Police Dep't. No. 3:17CV140,2018 WL 1091999, at *4(E.D. Va. Feb. 28,2018); Prasadv. KarnArtlnc., No. 3:17CV62,2017 WL 5012591, at *4(E.D. Va. Nov. 2, 2017),affdlU F. App'x 329(4th Dockets.Justia.com Cir. 2018); Prasad v. Delta Sigma Theta Sorority, Inc., No. 3:16CV897,2017 WL 4399551, at *5(E.D. Va. Oct. 3,2017), affd 712 F. 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 informa 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 United States District Judge Date: QCT 2 5 2019 Richmond, Virginia
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