Brown v. Lawson et al

Filing 3

MEMORANDUM OPINION. SEE OPINION for complete details. Signed by District Judge John A. Gibney, Jr on 07/11/2018. Copy mailed to Plaintiff.(ccol, )

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FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

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MILTON BROWN,

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CL£RK, U.S. DISTfliCT COURT

Plaintiff,

RICHMOND. VA

Civil Action No. 3:18CV412

J.LAWSON,e/fl/.,
Defendants.

MEMORANDUM OPINION

Plaintiff, a Virginia inmate, submitted this action and requested leave to proceed informa
pauperis. The pertinent statute provides:

In no event shall a prisoner bring a civil action [informa pauperise 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). Plaintiff has at least three other actions or appeals that have been dismissed
as frivolous or for failure to state a claim. See, e.g.. Brown v. Goff, No. 3:18CV223,ECF Nos. 7,
8(E.D. Va. June 13,2018); Brown v. United States Department ofJustice, No. 3:18CV347, ECF
Nos. 3, 4 (E.D. Va. June 12, 2018); Brown v. United States Department of Justice,

No. 3:18CV341, ECF Nos. 3,4(E.D. Va. June 12, 2018); Brown v. United States Department of
Justice, No.3:18CV339, ECF Nos. 3, 4 (E.D. Va. June 12, 2018); Brown v. Smith,

No. 3:18CV225, ECF Nos. 8,9(E.D. Va. June 12, 2018). Plaintiffs current complaint does not
suggest that he is in imminent danger of serious physical harm. Accordingly, Plaintiffs request
to proceed in forma pauperis is DENIED. The action will be DISMISSED WITHOUT