McKinney v. United States District Court et al

Filing 12

OPINION. Signed by Judge James P. Jones on 6/13/2017. (lml)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
BIG STONE GAP DIVISION

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Plaintiff,
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v.
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UNITED STATES DISTRICT COURT, )
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ET AL.,
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Defendants.
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DON W. McKINNEY,

Case No. 2:16MC00002
OPINION
By: James P. Jones
United States District Judge

Don W. McKinney, Pro Se Plaintiff.
In this pro se action, the plaintiff seeks to proceed in forma pauperis. Based
upon the affidavits filed by the plaintiff in other cases filed by him, I will allow his
pleading, which I treat as a Complaint under 42 U.S.C. § 1983, to be filed without
the payment of the filing fee, pursuant to 28 U.S.C. § 1915(a)(1). However, upon
examination of the Complaint and other materials filed by the plaintiff, I will
dismiss the case.
In October 1993, McKinney was arrested on a criminal charge and a
probation violation charge and he was detained until February 1994. He eventually
pleaded not guilty by reason of insanity and has been thereafter confined in mental
health institutions from time to time. Since then, he has filed numerous pro se

actions in this court complaining of his attorney’s advice and other proceedings in
the state criminal case.1 In this, his latest action, he also complains of a state civil
action filed in 2006 involving the sale of land in which he claimed an interest. He
also requests that a local mental health agency be enjoined from prescribing him
medication.
The only identifiable defendants named by him in the present action are this
court, as well as the state circuit court.
It is apparent that the plaintiff has failed to state a claim on which relief may
be granted and accordingly, his action will be dismissed pursuant to 28 U.S.C. §
1915(e)(2)(B)(ii).
DATED: June 13, 2017
/s/ James P. Jones
United States District Judge

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The court’s records indicate that since 1993 McKinney has filed approximately
35 separate cases, most involving the state criminal prosecution. The actions come on a
regular basis, usually once or twice a year.
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