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.
ยง
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
2
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