Opinion
Civil Action 3:24CV134 (RCY)
03-13-2024
KENNETH NEWKIRK, Plaintiff, v. DIRECTOR, DEPARTMENT OF CORRECTIONS, Defendant.
MEMORANDUM OPINION
Roderick C. Young, United States District Judge.
Plaintiff, a Virginia inmate, submitted this “EMERGENCY HEARING REQUEST.” (ECF No. 1.) Plaintiff apparently requests that this Court order an emergency hearing “to discuss the seriously bad problems that [he is] facing” with respect to filing an appeal of the denial of a petition for rehearing in state court. (Id. at 1-2 (capitalization corrected).) While it appears that Plaintiff wishes to file a complaint pursuant to 42 U.S.C. § 1983, and that complaint would appropriately be filed in the United States District Court for the Western District of Virginia, the Court will not transfer the action because Plaintiff did not pay the $405 filing fee. The pertinent statute provides:
Plaintiff complains about conditions in Wallens Ridge State Prison which is in the Western District of Virginia.
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). Plaintiff has at least three other 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, *3 (E.D. Va. Aug. 19, 2014); Newkirk v. Cir. Ct. of Hampton, 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). Plaintiff's current complaint does not plausibly suggest that Plaintiff is in imminent danger of serious physical harm. Accordingly, Plaintiff's request to proceed in forma pauperis will be DENIED, and the action will be DISMISSED. Plaintiff may file this action in the United States District Court for the Western District of Virginia accompanied by the $405 filing fee.
An appropriate Order shall accompany this Memorandum Opinion.