Opinion
Civil Action No. 3:18CV205-HEH
04-12-2018
KENNETH NEWKIRK, Plaintiff, v. HAROLD CLARKE, et al., Defendants.
MEMORANDUM OPINION
(Dismissing Without Prejudice 42 U.S.C. § 1983 Action)
Kenneth Newkirk, a Virginia inmate proceeding pro se, submitted this action and requested leave to proceed in forma pauperis. The pertinent statute provides:
In no event shall a prisoner bring a civil action [in forma pauperis] . . . if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.28 U.S.C. § 1915(g).
Newkirk has at least three prior actions or appeals that have been dismissed as frivolous or for failure to state a claim. See, e.g., Newkirk v. Shaw, No. 3:14CV426-HEH, 2014 WL 4161991, at *3 (E.D. Va. Aug. 19, 2014); Newkirk v. Circuit Court, No. 3:14CV372-HEH, 2014 WL 4072212, at *3 (E.D. Va. Aug. 14, 2014); Newkirk v. Lerner, No. 3:13CV364-HEH, 2014 WL 587174, at *2-5 (E.D. Va. Feb. 14, 2014); Newkirk v. Chappell, No. 3:13CV73-HEH, 2013 WL 5467232, at *3 (E.D. Va. Sept. 30, 2013). Newkirk's current Complaint does not demonstrate that he is in imminent danger of serious physical harm. Accordingly, the Court will deny Newkirk's request to proceed in forma pauperis. The Court will dismiss the action without prejudice to Newkirk's refiling of the action accompanied by the full $400.00 filing fee.
An appropriate Order will accompany this Memorandum Opinion.
/s/_________
HENRY E. HUDSON
UNITED STATES DISTRICT JUDGE Date: April 12, 2018
Richmond, Virginia