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Awe v. Mullins

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION
Jul 1, 2015
Civil Action No. 7:14-cv-00665 (W.D. Va. Jul. 1, 2015)

Opinion

Civil Action No. 7:14-cv-00665

07-01-2015

KENNETH VALENTINE AWE, Plaintiff, v. BENNY MULLINS, et al., Defendants.


FINAL ORDER

In accordance with the written Memorandum Opinion entered this day, it is hereby

ADJUDGED and ORDERED

that leave for Plaintiff to proceed in forma pauperis is RESCINDED; Defendants' motion for summary judgment is GRANTED; and this action is STRICKEN from the active docket.

At the time of this Final Order's entry, Plaintiff has had at least three non-habeas civil actions dismissed as frivolous, as malicious, or for failing to state a claim upon which relief may be granted. See, e.g., Awe v. Warden Mathena, No. 7:14-cv-00241 (W.D. Va. July 3, 2014) (dismissed as frivolous); Awe v. Clarke, No. 7:14-cv-00248 (W.D. Va. July 3, 2014) (dismissed as frivolous); Awe v. Red Onion State Prison, No. 7:13-cv-00487 (W.D. Va. Mar. 17, 2014) (dismissed for failing to state a claim); see also Coleman v. Tollefson, No. 13-1333, ___ U.S. ___, 2015 U.S. LEXIS 3201, at *8-9, 2015 WL 2340838, at *3-4 (May 18, 2015) (holding a "strike" dismissal is counted regardless to the timing of a subsequent appeal); McLean v. United States, 566 F.3d 391, 399 (4th Cir. 2009) (noting dismissals without prejudice for frivolousness should not be exempted from 28 U.S.C. § 1915(g)). --------

The Clerk shall send copies of this Order and the accompanying Memorandum Opinion to the parties.

ENTER: This 1st day of July, 2015.

/s/_________

Senior United States District Judge


Summaries of

Awe v. Mullins

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION
Jul 1, 2015
Civil Action No. 7:14-cv-00665 (W.D. Va. Jul. 1, 2015)
Case details for

Awe v. Mullins

Case Details

Full title:KENNETH VALENTINE AWE, Plaintiff, v. BENNY MULLINS, et al., Defendants.

Court:UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION

Date published: Jul 1, 2015

Citations

Civil Action No. 7:14-cv-00665 (W.D. Va. Jul. 1, 2015)