Opinion
Civil Action 7:24cv00435
07-11-2024
DAN OLIVER, Plaintiff, v. WARDEN, Defendant.
MEMORANDUM OPINION
THOMAS T. CULLEN, UNITED STATES DISTRICT JUDGE
Plaintiff Dan Oliver, a Virginia prisoner proceeding pro se, filed this civil action under 42 U.S.C. § 1983 and did not pay the filing fee. At least three of Oliver's previous actions have been dismissed as frivolous, malicious, or for failure to state a claim upon which relief may be granted. Therefore, Oliver may not proceed with this action unless he either prepays the filing fee or shows that he is “under imminent danger of serious physical injury.” 28 U.S.C. § 1915(g).
See e.g., Oliver v. Braxton, No. 1:01cv121 (E.D. Va. Mar. 30, 2001) (dismissed for failure to state a claim); Oliver v. Taylor, No.1:01cv221 (E.D. Va. Mar. 30, 2001) (dismissed for failure to state a claim); Oliver v. Braxton, No.1:01cv568 (E.D. Va. May 16, 2001) (dismissed for failure to state a claim). See also Oliver v. Osborne, 75 Fed.Appx. 209 (4th Cir. 2003) (affirming dismissal under § 1915(g)).
The court notes that Oliver has been advised of his three-striker status on multiple occasions by this court. See e.g., Oliver v. Osborne, No. 7:03cv683 (W.D. Va. Oct. 22, 2003); Oliver v. Young, No. 7:18cv525 (W.D. Va. Oct. 30, 2018); and Oliver v. Unknown, No. 7:19cv56 (W.D. Va. Jan. 29, 2019).
As Oliver has neither prepaid the filing fee nor demonstrated that he is “under imminent danger of serious physical injury,” the court dismisses his complaint without prejudice under § 1915(g).
Oliver alleges that the Warden of Greensville Correctional Center (“Greensville”) and “some of his staff” have violated Oliver's Fifth, Eighth, and Fourteenth Amendment rights. (Compl. at 1 [ECF No. 1].) He states that Greensville staff “[i]llegal[]ly had [him] committed to[ Marion Correctional Treatment Center (“Marion”)]” even though he does “not have a mental health condition.” (Id.) He also alleges he has not received his “$502 million dollars” from staff at Greensville or the Commonwealth of Virginia; that Greensville “moved [him] to[] [Marion] to have [his] kidneys taken . . . even when there's nothing wrong with him”; his outgoing and incoming letters are “being stolen” at Greensville and Marion; and Greensville staff “gave [him] FAKE court orders denying [his] case.” (Id. at 2.) As relief, he asks the court to “enforce” his constitutional rights and order the defendants to “pay [him his] money and to stop all violations.” (Id. at 3.) Oliver's allegations do not suggest that he is under imminent danger of serious physical injury. See Springer v. Day, No. 7:16cv261, 2016 U.S. Dist. LEXIS 76270, at *3, 2016 WL 3248601, at *1 (W.D. Va. June 13, 2016) (quoting Lewis v. Sullivan, 279 F.3d 526, 531 (7th Cir. 2002)) (“Courts have held that the imminent danger exception to § 1915(g)'s ‘three strikes' rule must be construed narrowly and applied only for ‘genuine emergencies,' where ‘time is pressing' and ‘a threat . . . is real and proximate' to the alleged official misconduct.”)
The Clerk shall send a copy of this Memorandum Opinion and the accompanying Order to Plaintiff.