Demos v. McConnell et al, No. 3:2020cv00290 - Document 3 (E.D. Va. 2020)
Court Description: MEMORANDUM OPINION (Dismissing Civil Action). Signed by District Judge Henry E. Hudson on 4/30/2020. (smej, )
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Demos v. McConnell et al Doc. 3 Case 3:20-cv-00290-HEH-RCY Document 3 Filed 04/30/20 Page 1 of 2 PageID# 19 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division JOHN R. DEMOS, Plaintiff, V. MITCH McCONNELL,et al, Defendants. ) ) ) ) ) ) ) ) ) Civil Action No. 3:20CV290-HBH MEMORANDUM OPINION (Dismissing Civil Action) John R. Demos, a Washington state inmate, submitted this civil action and applied 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 ofthe 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). Demos has scores of actions or appeals that have been dismissed as frivolous, malicious or for failure to state a claim upon which relief could be granted. See Demos v. Keating, 33 F. App'x 918,919-20(10th Cir. 2002). Demos's current complaint does not demonstrate that he is in imminent danger of serious physical harm. Accordingly,this Court will dismiss the action without prejudice. If Demos wishes to bring this action, he may file a new complaint accompanied by the full $400.00 filing fee. Dockets.Justia.com Case 3:20-cv-00290-HEH-RCY Document 3 Filed 04/30/20 Page 2 of 2 PageID# 20 An appropriate Order will accompany this Memorandum Opinion. /s/ HENRY E.HUDSON Date: iO i6iO Richmond, Virginia SENIOR UNITED STATES DISTRICT JUDGE
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