Opinion
Civil Action 3:23cv384
07-20-2023
DANIEL W. JAMISON, Plaintiff, v. LESLIE FLEMMING, et al., Defendants.
MEMORANDUM OPINION
M. Hannah Lauck, United States District Judge
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 [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, malicious, or for failure to state a claim. See Jamison v. Robinson, No. 3:23cv346, 2023 WL 3819370, at *4 (E.D. Va. June 5, 2023); Jamison v. Herring, No. 3:22cv360, 2023 WL 3669384, at *6 (E.D. Va. May 25, 2023); Jamison v, Kassa, No. 3:22cv552, 2023 WL 3321731, at *4 (E.D. Va. May 9, 2023). Plaintiffs current complaint does not suggest that he is in imminent danger of serious physical harm. Accordingly, his 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 $402.00 filing fee. The Court will process such a complaint as a new civil action.
An appropriate Order shall accompany this Memorandum Opinion.