Booth v. Waltz

District Court, E.D. Virginia

Booth v. Waltz

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division TERRENCE M. BOOTH, Plaintiff, v. Civil Action No. 3:20CV196 C. WALTZ, Defendant. MEMORANDUM OPINION Plaintiff, a Virginia inmate, has submitted this civil action complaining about his conditions of confinement. (ECF No. 1.) However, Plaintiff may not file an action in this Court in forma pauperis because he is barred by

28 U.S.C. § 1915

(g). 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., Booth v. Virginia, No. 3:19CV216,

2019 WL 4738021

, at *3 (E.D. Va. Sept. 27, 2019); Booth v. Virginia Pilot-Ledger Star, LLC, No. 3:19CV194,

2019 WL 6257750

, at *3 (E.D. Va. Nov. 22, 2019); Booth v. Noel, No. 3:19CV128.

2019 WL 6257745

, at *3 (E.D. Va. Nov. 22, 2019). Plaintiff's current submission does not suggest that he is in imminent danger of serious physical harm. Accordingly, any 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 full $400 fee must be filed with any new complaint or the Court will dismiss the action. The Court will process any new complaint as a new civil action. An appropriate Order shall accompany this Memorandum Opinion.

/. M. Hannah United States District Judge Date: hea | 8, 2020 Richmond, Virginia

Reference

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