IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division JOSEPH A. DANIELS, ) ) Plaintiff, ) ) V. ) Civil Action No. 3:22C V526-HEH ) MICHAEL GAITHER, et al., ) ) Defendants. ) MEMORANDUM OPINION (Dismissing Action Because Plaintiff has Three Strikes) Plaintiff, a Virginia inmate, has submitted this civil action pursuant to

complaining that he contracted COVID-19 in 2020, but has never been treated for his loss of taste and smell. However, Plaintiff may not file an action in this Court in forma pauperis because he is barred by

(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.

(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., Daniels v. Caldwell, No. 3:14CV856,

, at *2 (E.D. Va. Nov. 16, 2015); Daniels v. Jarratt, No. 3:13CV440,

, at *1 (E.D. Va. July 22, 2014); Daniels v. Caldwell, No. 3:11CV461,

, at *4 (E.D. Va. Dec. 18, 2013). Plaintiff

contacted COVID-19 in 2020 and suggests that he has never received medical treatment for loss of taste or smell. (ECF No. 1, at 5-6.) 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 $402 filing fee. The full $402 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.

Ne /s/ HENRY E. HUDSON Date: Tela 24,2022 SENIOR UNITED STATES DISTRICT JUDGE Richmond, Virginia