Opinion
Civil Action No. 3:19CV562
08-15-2019
SUNDARI K. PRASAD, Plaintiff, v. CAPT. BHAGAVAITH, et al., Defendants.
MEMORANDUM OPINION
Plaintiff, a Virginia inmate, has submitted this action in which she provides a terse list of purported wrongdoings by institution officers. As the Court has explained many times, Plaintiff may not file an action in this Court in forma pauperis because she is barred by 28 U.S.C. § 1915(g). 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., Prasad v. Hampton Cir. Ct., No. 3:17CV204, at *6 (E.D. Va. May 31, 2018), aff'd No. 18-6750, 2018 WL 4460861, at *1; Prasad v. Berger, No. 3:17CV74, 2018 WL 2088749, at *6 (E.D. Va. May 4, 2018); Prasad v. Judicial Inq. & Review Comm'n., No. 3:17CV498, 2018 WL 2015809, at *4 (E.D. Va. Apr. 30, 2018); Prasad v. Gothic Beauty Magazine, No. 3:17CV446, 2018 WL 1863650, *5 (E.D. Va. Apr. 18, 2018); Prasad v. United States, No. 3:17CV510, 2018 WL 1143597, at *4 (E.D. Va. Mar. 2, 2018), aff'd 733 F. App'x 130, 131 (4th Cir. 2018); Prasad v. Wash. Metro Police Dep't, No. 3:17CV140, 2018 WL 1091999, at *4 (E.D. Va. Feb. 28, 2018); Prasad v. Karn Art Inc., No. 3:17CV62, 2017 WL 5012591, at *4 (E.D. Va. Nov. 2, 2017), aff'd 712 F. App'x 329 (4th Cir. 2018); Prasad v. Delta Sigma Theta Sorority, Inc., No. 3:16CV897, 2017 WL 4399551, at *5 (E.D. Va. Oct. 3, 2017), aff'd 712 F. App'x 336 (4th Cir. 2018). Plaintiff's current complaint does not suggest that she is in imminent danger of serious physical harm despite her labeling. Accordingly, any request to proceed in forma pauperis will be DENIED. The action will be DISMISSED WITHOUT PREJUDICE.
Plaintiff vaguely suggests that she has been sexually assaulted but provides no supporting factual allegations. A closer reading indicates that Plaintiff believes she has been assaulted both "verbally and physically assaulted" when an officer took "photos of inmate's personal items in cell," threatened to destroy her paper work, and "inva[ded] her privacy" by asking her details about her life. (ECF No. 1, at 5.) --------
Plaintiff remains free to submit a new complaint with the full $400 filing fee. The full $400 fee must be filed with any new complaint or the Court will dismiss the action. The Court will process any new complaint as a new civil action.
An appropriate Order shall accompany this Memorandum Opinion.
/s/_________
M. Hannah Lauck
United States District Judge Date: August 15, 2019
Richmond, Virginia