Boyd v. Payne

Full title: JAMES BOYD, Plaintiff, v. C.O. PAYNE, Defendant

Court: United States District Court, W.D. Virginia, Roanoke Division

Date published: Jul 24, 2006

Civil Action No. 7:06cv00445 (W.D. Va. Jul. 24, 2006)

Opinion

Civil Action No. 7:06cv00445.

July 24, 2006

MEMORANDUM OPINION

SAMUEL WILSON, District Judge

Plaintiff James Boyd, a Virginia prisoner proceeding pro se, brings this action for damages pursuant to 42 U.S.C. § 1983. This court has dismissed three previous actions filed by Boyd pursuant to 28 U.S.C. § 1915A(b)(1).¹ Therefore, Boyd may not proceed with this action unless he either pays the $350.00 filing fee or shows that he is "under imminent danger of serious physical injury." 28 U.S.C. § 1915(g).

1 See Boyd v. Simpson, Civil Action No. 7:02cv00646 (W.D. Va. May 13, 2002); Boyd v. None Named, Civil Action No. 7:02cv00598 (W.D. Va. April 24, 2002); Boyd v. Olson, Civil Action No. 7:02cv00074 (W.D. Va. Jan. 24, 2002).

As Boyd has neither prepaid the filing fee nor demonstrated that he is "under imminent danger of serious physical injury," the court dismisses his complaint without prejudice and denies his motion to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(g).²

2 The court has previously notified Boyd that he may not file civil actions in this court unless he either pays the filing fee or demonstrates that he is under imminent danger of serious physical injury. Therefore, the court will not give Boyd additional time to pay the filing fee or amend his complaint.

The Clerk is directed to send a certified copy of this order to the plaintiff.