Newkirk v. Clarke et al

Filing 2

MEMORANDUM OPINION. SEE OPINION for complete details. Signed by District Judge Henry E. Hudson on 04/12/2018. Copy mailed to Plaintiff as directed.(ccol, )

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

KENNETH NEWKIRK,
Plaintiff,

V.

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HAROLD CLARKE, et al.,
Defendants.

Civil Action No. 3:18CV205-HEH

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MEMORANDUM OPINION

(Dismissing Without Prejudice 42 U.S.C. § 1983 Action)

Kenneth Newkirk, a Virginia inmate proceeding pro se, submitted this action and

requested leave to proceed informa pauperis. 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).

Newkirk has at least three prior actions or appeals that have been dismissed as
frivolous or for failure to state a claim. See, e.g., Newkirk v. Shaw, No. 3:14CV426-

HEH, 2014 WL 4161991, at *3 (E.D. Va. Aug. 19, 2014); Newkirk v. Circuit Court,
No. 3:14CV372-HEH, 2014 WL 4072212, at *3 (E.D. Va. Aug. 14, 2014); Newkirk v.
Lerner, No. 3:13CV364-HEH, 2014 WL 587174, at *2-5 (E.D. Va. Feb. 14, 2014);

Newkirk V. Chapped, No. 3:13CV73-HEH, 2013 WL 5467232, at *3 (E.D. Va. Sept. 30,