Fleming v. Virginia State University et al

Filing 2

OPINION. Signed by District Judge John A. Gibney, Jr on 6/9/2017. Copy to Pro Se Plaintiff. (jsmi, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division JAAMAL FLEMING, Plaintiff, V. Civil Action No. 3:17-cv-00411 -JAG VIRGINIA STATE UNIVERSITY et al.. Defendants. OPINION In 2015, Jaamal Fleming sued Virginia State University and other related parties. The defendants moved to dismiss. This Court granted the motion based on Eleventh Amendment immunity and dismissed the case. Fleming v. Va. State No. 3:15CV268, 2016 WL 927186 (E.D. Va. Mar. 4, 2016). Fleming appealed. The Fourth Circuit modified the decision to reflect a dismissal without prejudice, but otherwise affirmed the decision. Fleming v. Va, State Univ., 671 F. App'x 117 (4th Cir. 2016). Fleming has now refiled his complaint. When a plaintiff proceeds without prepaying fees or costs—as the plaintiff does in this case—^"the court shall dismiss the case at any time if the court determines that... the action . .. fails to state a claim on which relief may be granted." 28 U.S.C. § 1915(e)(2)(B); see Eriline Co. S.A. V. Johnson, 440 F.3d 648, 656 (4th Cir. 2006). Alternatively, "[i]f the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action." Fed. R. Civ. P. 12(h)(3). Upon due consideration, the Court dismisses this case for the reasons set forth by the Court in Fleming v. Va. State Univ., 2016 WL 927186, as affirmed by the Fourth Circuit, 617 F. App'x 117. Fleming cannot file this case again in federal court. The Court will enter an accompanying order. Let the Clerk send a copy of this Order to the pro se plaintiff. Date: June 9.2017 John A. Gibney, Jr. Richmond, VA United States District Jud§e

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