Opinion
Civil Action No. 3:16CV679
10-07-2016
KENNETH NEWKIRK, Plaintiff, v. GENERAL ASSEMBLY, et al., Defendants.
MEMORANDUM OPINION
Plaintiff, a Virginia inmate, 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). 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. Plaintiff may refile the action provided he pays the full filing fee
An appropriate Order shall accompany this Memorandum Opinion.
/s/_________
John A. Gibney, Jr.
United States District Judge Date: 10/7/16
Richmond, Virginia