Miles v. Lanham et al

Filing 3

MEMORANDUM OPINION. See OPINION for complete details. Signed by District Judge Robert E. Payne on 04/03/2017. Copy mailed to Plaintiff as directed.(ccol, )

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

IL
APR - 3 2ot7

KELVIN J. MILES,

CLERK, U.S. DISTRICT COURT
RICHMOND VA

Plaintiff,

v.

Civil Action No. 3:17CV175

RICHARD L. LANHAM, et al.,
Defendants.

MEMORANDUM OPINION
Kelvin

J.

Miles,

a

federal

inmate,

submitted

action and applied to proceed in forma pauperis.

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

Parole Comm., No. AW-08-2295, 2008 WL 7706613, at *3 n.3
Sept. 24, 2008)
Miles' s
in

imminent

v.

Md.

(D. Md.

(citations omitted).

current complaint does not demonstrate that he is
danger

of

serious

physical

harm.

Instead,

Miles

makes a fantastic claim that "Deputy Senior U.S. Marshal Richard
L.

Lanham has been following"

(Compl.

and harassing Lanham since 1979.

5 (capitalization corrected).)

Accordingly,

this Court

will dismiss the action without prejudice to Miles 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.

/s/

&ff

Robert E. Payne
Senior United States District Judge

~~1'2PI'/

Date:
Richmond, Virginia

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