IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division KENNETH NEWKIRK, ) ) Plaintiff, ) ) Vv. ) Civil Action No. 3:21CV95—HEH ) DIRECTOR, DEPT. OF CORR., ) ) Defendant. ) MEMORANDUM OPINION (Dismissing Action Without Prejudice) Plaintiff, a Virginia inmate, 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.

(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., Newkirk v. Shaw, No. 3:14CV426-HEH,

, at *3 (E.D. Va. Aug. 19, 2014); Newkirk v. Cir. Ct. of Hampton, No. 3:14CV372-HEH,

, at *3 (E.D. Va. Aug. 14, 2014); Newkirk v. Lerner, No. 3:13CV364-HEH,

, at *2—5 (E.D. Va.

' Although Plaintiff submitted this action on the form for filing a petition for a writ of habeas corpus, it is clear that it is simply another frivolous civil action. Plaintiff does not challenge his conviction or sentence, but the collection of filing fees for prior civil actions that he filed.

Feb. 14, 2014); Newkirk v. Chappell, No. 3:13CV73-HEH,

, at *3 (E.D. Va. Sept. 30, 2013). Plaintiff's current complaint does not suggest that Plaintiff 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 $402 filing fee. The Court will process such a complaint as a new civil action. An appropriate Order will accompany this Memorandum Opinion. It is so ORDERED. NNW /s/ HENRY E. HUDSON Date: Moreh 16,262! SENIOR UNITED STATES DISTRICT JUDGE Richmond, Virginia