Daniels v. Bennett, No. 3:2020cv00154 - Document 2 (E.D. Va. 2020)
Court Description: MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 03/24/2020. Copy mailed to Plaintiff. (walk, )
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Daniels v. Bennett Doc. 2 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA IL Richmond Division E NMi24aB) JOSEPH A. DANIELS, CLERK, U.S. DISTRICT COURT Plaintiff, RICHMQMn Civil Action No. 3:20CV154-HEH V. ADRIANNE L. BENNETT, Defendant. MEMORANDUM OPINION (Dismissing Action Because Plaintiff has Three Strikes) Plaintiff, a Virginia inmate, has submitted this civil action pursuant to 42 U.S.C. § 1983 challenging his status as parole ineligible. However, Plaintiff may not file an action in this Court informa pauperis because he is barred by 28 U.S.C. § 1915(g). The pertinent statute provides: In no event shall a prisoner bring a civil action {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. 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., Daniels v. Caldwell, No. 3:14CV856, 2015 WL 7283121, at *2 (E.D. Va. Nov. 16,2015); Daniels v. Jarratt, No. 3:13CV440, 2014 WL 12654876, at *1 (E.D. Va. July 22,2014); Daniels v. Caldwell, No. 3:11CV461, 2013 WL 6713129, at *4 (E.D. Va. Dec. 18,2013). Plaintiffs current submission does not suggest that he is in imminent danger of serious Dockets.Justia.com
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