Scott v. Woodruff

Filing 11

MEMORANDUM OPINION as to Maurice P. Scott. Signed by District Judge Robert E. Payne on 1/12/2015. Copy mailed to Pro se Plaintiff. (sbea, )

IN THE UNITED
FOR THE

STATES DISTRICT COURT

EASTERN DISTRICT OF VIRGINIA

CLERK, U.S. DISTRICT COURT
RICHMOND. VA

Richmond Division

MAURICE P.

SCOTT,

Plaintiff,
Civil Action No.

V.

3:14CV549

NURSE WOODRUFF,
Defendant.
MEMORANDUM OPINION

Maurice
civil

P.

action

Scott,

and

a

Virginia

applied

to

state

inmate,

proceed

submitted this

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,

claim upon which
prisoner is under
injury.
28

U.S.C.

§

appeals

that

failure

to

See

2006

Scott

WL

Scott V.

malicious,

Scott

has

V.

Blue

2125634,

claim
Ridge

at

*1

2006);

Va.

July

Scott v.
6,

2006);

least

to

state

which

Reg^l

Jail

n.l

(W.D.

Sussex I
Scott

relief

a

Va.

No.

Blue

No.

July

27,

7:06cv00368
No.

Ridge

actions

or

malicious or for

could

Auth.,

State Prison,
v.

three

frivolous,

upon

Mecklenburg Corr'l Ctr.,

21,

at

have been dismissed as

a

fails

relief may be granted, unless the
imminent danger of serious physical

1915(g}.

state

or

be

granted.

7:06CV0003668,

2006)
(W.D.

(citing
Va.

7:06cv00369

Reg^1

Jail

July
(W.D.

Auth.,

No.

7:05cv00281

(W.D.

Va.

Sept.

30,

2005)).

Scott's

current

complaint does not demonstrate that he is in imminent danger of
serious

physical

November

25,

Memorandum

on

filing fee

failed

than

days of the date of entry thereof.

eleven

to pay the

denied Scott's

Order

in forma pauperis and directed Scott to pay the full

More

Court

by

to proceed

(11)

the

Accordingly,

request

within eleven

2014,

harm.

(11)

filing

fee.

days

have

elapsed

Accordingly,

the

and

Scott

has

action will be

dismissed without prejudice.

The Clerk of the Court is directed to send a

copy of this

Memorandum Opinion to Scott.
It

is

so

ORDERED.

/s/

Ail,

Robert E. Payne
Senior United States District Judge

Date:

(1'f

Richmond, Virginia