Prasad v. City of Hampton
Prasad v. City of Hampton
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA FEB 2 8 2020 Richmond Division CLERK, U.S. DISTRICT GOURT RICHMOND, VA SUNDARI K. PRASAD, Plaintiff, v. Civil Action No. 3:20CV25 CITY OF HAMPTON, 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., Prasad v. Hampton Cir. Ct., No. 3:17CV204, at *6 (E.D. Va. May 31, 2018), aff'd No. 18-6750,
2018 WL 4460861, at *1; Prasad v. Berger, No. 3:17CV74,
2018 WL 2088749, at *6 (E.D. Va. May 4, 2018); Prasad v. Judicial Ing. & Review Comm’n., No. 3:17CV498,
2018 WL 2015809, at *4 (E.D. Va. Apr. 30, 2018); Prasad v. Gothic Beauty Magazine, No. 3:17CV 446,
2018 WL 1863650, *5 (E.D. Va. Apr. 18, 2018); Prasad v. United States, No. 3:17CV510,
2018 WL 1143597, at *4 (E.D. Va. Mar. 2, 2018), aff'd
733 F. App’x 130, 131 (4th Cir. 2018); Prasad v. Wash. Metro Police Dep’t, No. 3:17CV140,
2018 WL 1091999, at *4 (E.D. Va. Feb. 28, 2018); Prasad v. Karn Art Inc., No. 3:17CV62,
2017 WL 5012591, at *4 (E.D. Va. Nov. 2, 2017), aff'd
712 F. App’x 329(4th
Cir. 2018); Prasad v. Delta Sigma Theta Sorority, Inc., No. 3:16CV897,
2017 WL 4399551, at *5 (E.D. Va. Oct. 3, 2017), aff'd
712 F. App’x 336(4th Cir. 2018). Plaintiff's current complaint does not suggest that she is in imminent danger of serious physical harm. Accordingly, her 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.
M. Hannah ee ( United States Distticf Judge Richmond, Vite
Reference
- Status
- Unknown