Opinion
Civil Action No. 7:14-cv-00665
07-01-2015
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that leave for Plaintiff to proceed in forma pauperis is RESCINDED; Defendants' motion for summary judgment is GRANTED; and this action is STRICKEN from the active docket.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