Meyers v. Clarke et al
Filing
17
OPINION & ORDER denying 9 Motion; denying 10 Motion for Preliminary Injunction; denying 11 Motion to Amend/Correct; denying 14 Motion for Order to Show Cause; denying 15 Motion for Reconsideration ; denying 16 Motion for Preliminary Injunction. Signed by Judge James P. Jones on 8/6/2018. (tvt)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
DAVID MEYERS,
Plaintiff,
v.
HAROLD CLARKE, ET AL.,
Defendants.
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Case No. 7:18CV00273
OPINION AND ORDER
By: James P. Jones
United States District Judge
David Meyers, Pro Se Plaintiff.
By Opinion and Order entered July 23, 2018, I summarily dismissed this
Virginia inmate’s civil rights action under the three strikes provisions of 28 U.S.C.
§ 1915(g). Specifically, I found that the plaintiff had three prior case dismissals as
defined in § 1915(g) and had not alleged particularized facts meeting the imminent
danger exception of that statute. Because the plaintiff was thus not eligible to pay
the filing fee through installments and had not prepaid that fee, I dismissed the case
without prejudice. Meyers now moves for reinstatement of the case, submits a
proposed Amended Complaint, renews a request for interlocutory injunctive relief
to protect him from prison officials at Red Onion State Prison (“Red Onion”), and
demands an evidentiary hearing on imminent danger. He also seeks interlocutory
relief to address alleged interference by prison officials with his outgoing legal
mail and grievances.
In his current submissions, as in his previous ones, Meyers repeatedly states
that he is in imminent danger of serious physical harm, based on lists of unrelated
past events in prison over several years at several facilities. To this list, he also
adds a new allegation — that Red Onion officials are likely to harm him because
he recently informed the FBI that a Virginia Department of Corrections
administrator’s son heads a ring that is smuggling drugs and cell phones to
inmates.1 His proposed Amended Complaint, like the one I summarily dismissed,
misjoins multiple unrelated claims against dozens of defendants in violation of the
rules. See Fed. R. Civ. P. 8, 10, 18, 20.
I have carefully reviewed Meyers’ submissions. They do not change my
conclusion that in this case, he has not met the necessary preliminary showing of
imminent danger as required to proceed for further factual development of his
claims without prepayment of the filing fee.2 See Johnson v. Warner, 200 F.
App’x 270, 272 (4th Cir. 2006) (unpublished) (“Vague, speculative, or conclusory
allegations are insufficient to invoke the exception of § 1915(g); rather, the inmate
must make “specific fact allegations of ongoing serious physical injury, or of a
1
Inexplicably, Meyers also names the FBI director as a defendant.
2
In another of Meyers’ § 1983 cases, Meyers v. U.S. Postal Service, No.
7:18CV00029, I found an adequate showing of imminent harm under 28 U.S.C.
§ 1915(g) on one claim and referred the case to the Hon. Pamela Meade Sargent, United
States Magistrate Judge. She will conduct an evidentiary hearing on August 16, 2018, to
determine whether Meyers is in imminent danger of serious physical harm within the
meaning of § 1915(g) at Red Onion. She may also recommend whether interlocutory
injunctive relief is warranted.
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pattern of misconduct evidencing the likelihood of imminent serious physical
injury.”) (internal quotation marks and citation omitted and emphasis added).
Finding no good cause for the relief requested, it is ORDERED that the
plaintiff’s motion seeking reinstatement of this case (ECF No. 15) is DENIED, and
the remaining motions (ECF Nos. 9, 10, 11, 14, and 16) are DENIED as moot.
ENTER: August 6, 2018
/s/ James P. Jones
United States District Judge
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