Springer v. United States, et al
Filing
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OPINION. Signed by Judge James P. Jones on 9/2/2014. (tvt)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
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LEVI SPRINGER,
Plaintiff,
v.
UNITED STATES, ET AL.,
Defendants.
Case No. 7:14CV00441
OPINION
By: James P. Jones
United States District Judge
Levi Springer, Pro Se Plaintiff.
The plaintiff, a state inmate proceeding pro se, has filed a civil rights action,
alleging that he seeks relief under 42 U.S.C. § 1983 and the Federal Tort Claims
Act against federal and state officials who allegedly allowed improper testimony or
interfered with evidence during the investigation of a prison assault. The plaintiff
has not prepaid the necessary filing fee to proceed with this action, so I will
presume that he wishes to apply to proceed in forma pauperis. Upon review of the
record, I find that this lawsuit must be summarily dismissed under 28 U.S.C.
§ 1915(g).
The Prison Litigation Reform Act of 1995 substantially amended 28 U.S.C.
§ 1915, the in forma pauperis statute. One purpose of the Act was to require all
prisoner litigants suing government entities or officials to pay filing fees in full,
either through prepayment or through installments withheld from the litigant’s
inmate trust account. § 1915(b). Section 1915(g) denies the installment payment
method to prisoners who have “three strikes” –– those prisoners who have had
three previous cases or appeals dismissed as frivolous, malicious, or for failure to
state a claim — unless the three-striker inmate shows “imminent danger of serious
physical injury.” § 1915(g).
Springer has brought such actions or appeals on three or more prior
occasions, including Springer v. Clarke, No. 12-6100 (4th Cir. April 11, 2012)
(denying application to proceed in forma pauperis on appeal under § 1915(g),
based on three “strikes”) (citing Springer v. Shaw, No. 1:09-cv-1339 (E.D. Va. Jan.
4, 2010); Springer v. Reid, No. 1:10-cv-1392 (E.D. Va. Feb. 14, 2011); and
Springer v. Reid, 1:10-cv-1445 (E.D. Va. Feb. 14, 2011)). Accordingly, Springer
may proceed in forma pauperis only if he can show imminent danger of serious
physical injury. § 1915(g).
Springer does not allege that any of the past evidentiary problems
purportedly caused or allowed by state and federal officials have placed him in
imminent danger of any future physical harm. He merely seeks monetary damages
for the defendant officers’ alleged past violations of his rights. Accordingly, I
cannot find that Springer has shown imminent danger of physical harm as required
under § 1915(g) so as to allow him to proceed by paying the filing fee through
installments.
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Because the records reflect that Springer has at least three “strikes” under
§ 1915(g) and he has not demonstrated that he is in imminent danger of physical
harm related to his present claims, I must deny his application to proceed in forma
pauperis in this civil action under § 1915(g). Because he has not prepaid the $350
filing fee or the $50 administrative fee required to bring a civil action in this court,
I will dismiss the Complaint without prejudice.
A separate Final Order will be entered herewith. The clerk will send a copy
of that final Order and this Opinion to the plaintiff.
DATED: September 2, 2014
/s/ James P. Jones
United States District Judge
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