Miles v. Lanham et al

Filing 3

MEMORANDUM OPINION. See Opinion for details. Signed by District Judge Robert E. Payne on 12/02/2015. (ccol, )

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

KELVIN J. MILES,

'
I

Plaintiff,

v.

CLERK, U.S. OISTR1CT COURl
RICHMOND, VA

Civil Action No. 3:15CV645

RICHARD L. LANHAM, et al.,
Defendants.
MEMORANDUM OPINION

Kelvin

J.

Miles,

a

federal

inmate,

submitted

a'ction and applied to proceed in forma pauper is.

this

civil

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, 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).

Miles has at least three actions that have

been dismissed as frivolous, malicious or for failure to state a
claim upon which

relief

could be

granted.

See Miles

v.

Md.

Parole Comm., No. AW-08-2295, 2008 WL 7706613, at *3 n.3 (D. Md.
Sept.

24,

2008)

(citations omitted).

Miles's current complaint

does not demonstrate that he is in imminent danger of serious
physical harm.

Accordingly,

this

Court

will

dismiss

the

action

without

prejudice to Miles' s refiling of the action accompanied by the
full $400.00 filing fee.
The Clerk of the Court is directed to send a copy of this
Memorandum Opinion to Miles.
It is so ORDERED.

Isl
Robert E. Payne
Senior United States District Judge
Richmond, Virginia
Date: December '2---"; 2015

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