Demos, Jr. v. Director of the C.I.A et al

Filing 4

MEMORANDUM OPINION. Read Opinion for complete details. Signed by District Judge Robert E. Payne on 03/09/2017. Copy mailed to Demos as directed.(ccol, )

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

MAR -9 20l7

JOHN R. DEMOS, JR.,
CLERK, U.S. 01STrhCT COUR1
RICHMOND, VA

Plaintiff,

v.

Civil Action No. 3:17CV104

DIRECTOR OF THE C.I.A., et al.,
Defendants.

MEMORANDUM OPINION
John

Robert

Demos,

civil

Jr•

a

I

Washington

submitted

this

action and 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

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

Keating,

33

F.

App'x 918,

919-20

(10th Cir.

Complaint also falls in the frivolous category.

See Demos

2002}.

This

Demos alleges

that he recently learned secrets that the C. I .A. does not want
divulged,

for

example,

that

some

of

the

United States' s

top

leaders are half human and half alien and they intend to have
aliens take over planet Earth.

(Comp 1.

4-s .)

Demos's current

complaint does not demonstrate that he is in imminent danger of
serious physical harm.
Accordingly,
prejudice.

this

Court

will

dismiss

the

action

without

If Demos wishes to proceed with this action, he may

refile 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/

q'

Date:
fol.AA. ai.
2--lJ
Richmond, Virginia

f?.lr(J

Robert E. Payne
Senior United States District Judge

I''/

2