Hawkins v. GRTC of Richmond Virginia

Filing 2

MEMORANDUM OPINION. See Opinion for details. Signed by District Judge M. Hannah Lauck on 6/4/2024. (sbea)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division MAURICE HAWKINS, Plaintiff, Civil Action No. 3:24cv347 V. GRTC OF RICHMOND, VIRGINIA, Defendant. MEMORANDUM OPINION Plaintiff, a Virginia inmate, has submitted this action and requested leave to proceed in forma 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). Plaintiff has at least three other actions or appeals that have been dismissed as frivolous, malicious, or for failure to state a claim. See Hawkins v. Marshall, No. 3:23CV656, 2023 WL 7116846, at *1 (E.D. Va. Oct. 27,2023) Hawkins v. Hale, No. 7:05-CV-00217 (W.D. Va. Apr. 13,2005); Hawkins v. Cantrell, No. 7:04-CV-00377 (W.D. Va. July 15,2004); Hawkins v. Johnson, No 7:04-CV-00360 (W.D. Va. July 12, 2004)). Plaintiff’s current complaint does not suggest that he is in imminent danger of serious physical harm. Accordingly, his request to proceed in forma pauperis will be DENIED. The action will be DISMISSED WITHOUT PREJUDICE. Plaintiff remains free to submit a new complaint with the full $405.00 filing fee. The Court will process such a complaint as a new civil action. An appropriate Order shall accompany this Memorandum Opinion. Date: CoU\808K M. Hannah United Stat Richmond, Virginia 2

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