Green v. Medical Staff, Richmond City Jail

Filing 7

MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 09/23/2014. Copy mailed to Plaintiff on 9/24/2014.(tjoh, )

i

i

IN THE UNITED STATES DISTRICT COURT

SEP 24 2014

FOR THE EASTERN DISTRICT OF VIRGINIA

L^

Richmond Division

CLERK, U^S. Dirtier COURT

WALTER GREEN,

"

ikili^^..

Plaintiff,

v.

Civil Action No.

MEDICAL STAFF,

3:14CV462

RICHMOND CITY JAIL,

Defendant.
MEMORANDUM OPINION

Walter Green,

a Virginia state inmate,

submitted this civil

action and applied to proceed in forma pauperis.

The pertinent

statute provides:

[in

In no event shall a prisoner bring a civil action
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).

Green

has

at

least

three

appeals that have been dismissed as frivolous,
failure

to

state

See Green v.

a

claim

Angelone,

No.

upon

3:99CV487

(citing Green v. Angelone,

No.

Green's

does

current

complaint

which

(E.D.

97-6638
not

relief

or

malicious or for
could

Va.

be

August

(4th Cir.

demonstrate

imminent danger of serious physical harm.

actions

granted.
11,

May 28,
that

he

1999)

1997)).
is

in

By Memorandum Order entered on August 6,

2014,

this Court

denied Green's request to proceed in forma pauperis and ordered
him to submit the full filing fee within eleven (11)

date

of

extent

entry
Green

thereof.
disputed

The
the

Court

fact

also

that

he

ordered
has

must

of

an

strikes

entry

explanation why the

is

erroneous

hereof.
the

Green

that

asks

[sic]

. .

.

Green

has

failed

August

to

the

actions

Court

."

has

to

(ECF No.
to

within

responded

"to
5,

comply

grant
at

with

6, 2014 Memorandum Order.

be dismissed without prejudice.

The Clerk of

determination

eleven

1

(11)

with

my

days

a

motion

Court's

for

OF

he

has
date

CLAIM"

judgement

corrected).)
in

the

this action will

R. Civ.

the Court is directed to

he

of the

directives

Accordingly,
See Fed.

that

"WRIT

(capitalization

the

or

malicious or for

state a claim upon which relief could be granted,

provide

three

that

three

appeals that have been dismissed as frivolous,
failure to

days of the

P. 41(b).

send a copy of this

Memorandum Opinion to Green.
It

is

so ORDERED,

Is/

Robert E.

Date: 4C/f^<^Z\ l^jl^lf

Richmond/' Virginia

'

aw

Payne

Senior United States District Judge