Hearn v. Unknown

Filing 3

MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 11/19/12. Copy sent: Yes(tdai, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

MICHAEL HENRY HEARN,

Plaintiff,

v.

Civil Action No. 3:12CV517

UNKNOWN,
Defendant.

MEMORANDUM OPINION

Plaintiff, a Mississippi inmate, submitted this action and requested leave to proceed in
formapauperis. 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). Plaintiffhas at least three other actions or appeals that have been dismissed
as frivolous or for failure to state a claim. See, e.g., Hearn v. Warden, No. 4:05cvl8TSL-AGN,

3 n.2 (S.D. Miss. Jan. 28, 2005) (citing cases). Plaintiffs current pleading does not suggest that
Plaintiff is in imminent danger of serious physical harm.

By Memorandum Order entered on July 25, 2012, this Court denied Plaintiffs requestto

proceed in forma pauperis and ordered him to submit the full filing fee within eleven (11) days
of the date of entry thereof. Plaintiff failed to respond to the July 25, 2012 Memorandum Order.

Accordingly, this action will be DISMISSED WITHOUT PREJUDICE. See Fed. R. Civ. P.
41(b).

An appropriate Order shall issue.

Date: \\j\l\\**Richmond, Virginia

/s/

John A. Glbney^rJ /' "
United States District Judge