Prasad v. Unknown, No. 3:2020cv00018 - Document 2 (E.D. Va. 2020)
Court Description: MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 2/6/2020. Copy to Plaintiff as directed. (jsmi, )
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Prasad v. Unknown Doc. 2 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division SUNDARIK.PRASAD, Plaintiff, V. Civil Action No.3:20CV18 CITY OF HAMPTON,et al., Defendants. MEMORANDUM OPINION Plaintiff, a Virginia inmate, has submitted a "Motion[&] Order to Show Cause for a Preliminary Injunction[&]a Temporary Restraining Order." (ECF No. 1, at 2(capitalization corrected).) Plaintiffs submission is an Order that she apparently wants the Court to sign and issue. As the Court has explained many times. Plaintiff may not file an action in this Court in formapauperis because she is barred by 28 U.S.C. § 1915(g). The pertinent statute provides: In no event shall a prisoner bring a civil action [/«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. § 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 Or. Ct., No. 3:17CV204, at *6(E.D. Va. May 31,2018), qff'd'Ho. 18-6750,2018 WL 4460861, at *1; Prasadv. Berger, No. 3:17CV74,2018 WL 2088749, at *6(E.D. Va. May 4,2018);Prasadv. Judicial Inq. & Review Comm No.3:17CV498,2018 WL 2015809, at *4(E.D. Va. Apr. 30, 20ny,Prasadv. Gothic Beauty Magazine, 3:17CV446,2018 WL 1863650,*5(E.D. Va. Apr. 18,2018);Prasadv. United States, No. 3:17CV510,2018 WL 1143597, at *4(E.D. Va. Dockets.Justia.com Mar. 2,2018), aff'dl'i'h F. App'x 130,131 (4th Cir. 2018); Prasad v. Wash. Metro Police Dep% No. 3:17CV140,2018 WL 1091999, at *4(E.D. Va. Feb. 28,2018); Prasadv. KarnArtInc., No. 3:17CV62,2017 WL 5012591, at *4(E.D. Va. Nov. 2,2017), aff'dlM F. App'x 329(4th Cir. 2018);Prasad v. Delta Sigma Theta Sorority. Inc., No.3:16CV897,2017 WL 4399551, at *5(E.D. Va. Oct. 3,2017),ajf'd 712 F. App'x 336(4th Cir. 2018). PlaintifFs current submission does not suggest that she is in imminent danger ofserious physical harm despite her labeling. Accordingly, any request to proceed informa pauperis will be DENIED. The action will be DISMISSED WITHOUT PREJUDICE. As the Court has instructed Plaintilf several times. Plaintiff remains free to submit a new complaint with the full $400 filing fee. The full $400 fee must be filed with any new complaint or the Court will dismiss the action. The Court will process any new complaint as a new civil action. An appropriate Order shall accompany this Memorandum Opinion. h/ M.Hann^ l/aiicll United States District Judge Date: FEB "6 2020 Richmond, Virginia
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