Hearn v. Unknown

Filing 17

MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 2/27/12. (tdai, )

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

MICHAEL HENRY HEARN,
Plaintiff,
v.

Civil Action No. 3:11CV741

UNKNOWN,
Defendant.
MEMORANDUM OPINION

Plaintiff, a Mississippi 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 [informa 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., Ream v. Warden, No. 4:05cvl8TSL-AGN,

3 n.2 (S.D. Miss. Jan. 28, 2005) (citing cases). Plaintiffs current complaint did not suggest that

he was in imminent danger of serious physical harm. Accordingly, by Memorandum Order
entered on December 9, 2011, the Court denied Plaintiffs request to proceed informa pauperis

and directed Plaintiff to pay the $350.00 filing fee within eleven (11) days of the date of entry
thereof.

More than eleven (11) days have elapsed since the entry of the December 9, 2011
Memorandum Order and Plaintiff has not paid the filing fee. Instead, Plaintiff submitted a host

of frivolous motions. Because the Plaintiff has failed to pay required filing fee, the action will be
DISMISSED WITHOUT PREJUDICE. Plaintiffs outstanding motions will be DENIED.

An appropriate Order shall accompany this Memorandum Opinion.

/s/

Date: ^^1-

Richmond, Virginia

John A. Gibney, Jr.

United States Distfict'/Judge