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that leave for Plaintiff to proceed in forma pauperis is RESCINDED; Defendants' motion for summary judgment is GRANTED; and this action is STRICKEN from the active docket.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