McBride v. United States

ORIGINAL am the UHniteh $tat25 QEuurt of thheral @Iaimg No. 14-925C (Filed November 25, 2014) NOT FOR PUBLICATION D ************************ U.S. COURT OF * FEDERAL CLAIMS JOHN DAVID MCBRIDE, * * Plaintiff, * V. * 9: THE UNITED STATES, * 9: Defendant. * * ****‘k‘k‘k‘k*********‘k***‘k*‘k ORDER Before the court is plaintiffs October 15, 2014 motion to proceed in forma pauperis. Under the Prison Litigation Reform Act, 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). The Court takes notice that at least three of Mr. McBride’s former cases were dismissed for failing to state a claim: McBride 0. Virginia Penal Sys., No. 03-690 (E.D. Va. July 9, 2004); McBride v. Commonwealth ’s Attorney ’3 Office, 03-172 (E.D. Va. July 2, 2003); and McBride v. Dotson, 03-71 (E.D. Va. Aug.

25, 2003). Further, two prior decisions have denied Mr. McBride leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(g). See McBride v. Virginia State Bar, No. 08-733 (E.D. Va. Nov. 25, 2008); McBride 0. Hinkle, NO. 11-169 (E.D. Va. May 11,2011) Plaintiff has not alleged any facts that suggest he is in imminent danger of serious physical injury. Accordingly, Mr. McBride’s request to proceed in forma pauperis is DENIED. If Mr. McBride wishes to maintain an action in our court, he must submit the full filing fee of $400 so that it is received by the Clerk’s Office on or by December 23, 2014.

IT IS SO ORDERED.