Green v. Robinson

Filing 5

MEMORANDUM OPINION. It is so Ordered. Signed by District Judge Robert E. Payne on 11/25/2014. Copy mailed to Plaintiff. (ccol, )

1 l~EI
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA

NOV 2 6 2014

Richmond Division
CLf;

WALTER GREEN,

Plaintiff,

V.
SGT.

Civil Action No. 3:14CV631
ROBINSON,
Defendant.
MEMORANDUM OPINION

Walter Green, a Virginia state inmate, submitted this civil

action and applied to proceed ^

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
that it is

States that was dismissed on the grounds
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

actions

or

appeals that have been dismissed as frivolous, malicious or for
failure

to state

a

claim upon which

See Green v. Angelone,

No.

3:99CV487

relief could be granted.
(E.D. Va. August 11, 1999)

(citing Green v. Angelone, No. 97-6638 (4th Cir. May 28, 1997)).
Green's

current

complaint

does

not

demonstrate

imminent danger of serious physical harm.

that

he

is

in

yj

By Memorandum Order entered on October 10, 2014, this Court
denied Green's request to proceed

forma pauperis and ordered

him to submit the full filing fee within eleven (11) days of the

date of entry thereof.

The Court also ordered that to the

extent Green disputed the fact that he has three actions or

appeals that have been dismissed as frivolous, malicious or for
failure to state a claim upon which relief could be granted, he

must provide an explanation why the determination that he has
three strikes is erroneous within eleven (11) days of the date
of entry hereof.

Green has not paid the filing fee or disputed the Court's
conclusion with respect to the determination that he has three
strikes.

Green simply renewed his request to proceed in forma

pauperis.

Green

directives

in

Accordingly,
See Fed.

R.

has

the

failed
October

to

comply

10,

2014

with

the

Memorandum

Court's
Order.

this action will be dismissed without prejudice.
Civ.

P.

41(b).

The Clerk of the Court is directed to send a copy of this
Memorandum Opinion to Green.
It

is

so ORDERED.

/s/
Robert

E.

/iLf

Payne

Senior United States District Judge
Date:

Richmond, Virginia