Newkirk v. Hudson et al

Filing 4

MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 05/13/2016. Copy mailed to plaintiff. (tjoh, )

P
I

. i 3 20IF

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

IJ

CLERK, ij S

Richmond Division

KENNETH NEWKIRK,
Plaintiff,
V.

Civil Action No. 3:16CV66

HENRY HUDSON, et al.,
Defendants.

MEMORANDUM OPINION

Plaintiff, a Virginia inmate, submitted this action and requested leave to proceed informa
pauperis. 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 fiivolous, 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., Newkirk v. Shaw, No. 3:14CV426-HEH,

2014 WL 4161991, *3 (E.D. Va. Aug. 19, 2014); Newkirkv. Cir. Ct. ofHampton,
No. 3:14CV372-HEH, 2014 WL 4072212, at *3 (E.D. Va. Aug. 14, 2014); Newkirkv. Lerner,

No. 3:13CV364-HEH, 2014 WL 587174, at *2-5 (E.D. Va. Feb. 14, 2014); Newkirkv. Chappell,
No. 3:13CV73-HEH, 2013 WL 5467232, at *3 (E.D. Va. Sept. 30, 2013). PlaintifTs current

complaint does not suggest that Plaintiffis in imminent danger of serious physical harm.
Accordingly, by Memorandum Orderentered on March 14, 2016, the Court deniedPlaintiff s
request to proceed informa pauperis and directed him to submit the full $400.00 filing fee
within eleven (11) days of the date of entry thereof

,r COURT

On March 31, 2016, the United States Postal Service returned the March 14, 2016

Memorandum Order to the Court. The marks on the envelope indicate that Sussex I State Prison

forwarded the mail to Plaintiff at Wallens Ridge State Prison. The United States Postal Service
then returned the mail to the Court marked, "RETURN TO SENDER," "REFUSED," and

"UNABLE FORWARD." Since that date. Plaintiff has not contacted the Court to provide a

current address. Plaintiff also failed to pay the $400.00 filing fee. Plaintiffs failure to contact

the Court or to pay the filing fee indicates his lack of interest in prosecuting this action. See Fed.
R. Civ. P. 41(b). Accordingly, the action will be DISMISSED WITHOUT PREJUDICE.
An appropriate Order shall accompany this Memorandum Opinion.
/

M. Hannah Lauck

United States District Judge

Date: W 13 2016
Richmond, Virginia