Demos v. Gannett Corp Inc. et al

Filing 3

MEMORANDUM OPINION. See for complete details. It is so ORDERED. Signed by District Judge Robert E. Payne on 11/28/2016. Clerk mailed copy to pro se Plaintiff. (nbrow)

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

JOHN R. DEMOS, JR.,
Plaintiff,

v.

Civil Action No. 3:16CV914

GANNETT CORP, INC., et al.,
Defendants.

MEMORANDUM OPINION

John

Robert

Demos,

civil

Jr.

I

action and

a

Washington

submitted

this

applied

pauperis.

to

state

proceed

inmate,
in

forma

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).

Demos has

scores of actions or appeals

that have been dismissed as frivolous,

malicious or for failure
See Demos

to state a claim upon which relief could be granted.
v.

Keating,

33 F. App'x 918,

919-20

(10th Cir.

2002).

current complaint does not demonstrate that he is
danger of serious physical harm.

Demos's

in imminent

Accordingly,

this

prejudice to Demos' s

Court

will

dismiss

the

action

without

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 Demos.
It is so ORDERED.

/s/

flt-fl

Robert E. Payne
Senior United States District Judge

Date: /I/~ z_t lolf,
Richmond, Virginia 7

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