Opinion
Civil Action No. 3:18CV625
10-19-2018
ANDRE JUSTE, Plaintiff, v. JEFFREY B. SESSIONS, III, et al., 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 [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., Juste v. Sessions, No. 17-1503, 2017 WL 5256216, at *1 (2d Cir. Nov. 6, 2017); Juste v. Vilardo, No. 6:17-CV-06842 EAW, 2018 WL 401522, at *4 (W.D.N.Y. Jan. 12, 2018); Juste v. Kerry, No. 17-327, 2017 WL 1251144, at *4 (W.D. Pa. Apr. 5, 2017); Juste v. Lindsay, No. 15-168, 2015 WL 875363, at *2 (W.D. Pa. Mar. 2, 2015). Plaintiff's 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 $400 filing fee. The Court will process such a complaint as a new civil action.
An appropriate Order shall accompany this Memorandum Opinion.
It is so ORDERED.
/s/_________
M. Hannah Lauck
United States District Judge Date: OCT 19 2018
Richmond, Virginia