Opinion
Civil Action 3:21cv642
11-18-2021
SUNDARI KARMA PRASAD, Plaintiff, v. CHESTERFIELD COUNTY, Defendant.
MEMORANDUM OPINION
M. Hannah Lauck, United States District Judge
Plaintiff, a Virginia inmate, has filed a complaint pursuant to 42 U.S.C. § 1983. (ECF No. 1.) Plaintiff has not paid the filing fee. Thus, she presumably wishes to proceed without prepayment of fees and wishes to seek 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, Prasad v. Unknown, No. 3:19cv432, ECF No. 2, at 1-2 (E.D. Va. July 1, 2019); Prasadv. Hampton Cir. Ct, No. 3:17cv204, 2018 WL 2452956, 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); Prasadv. 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 Fed.Appx. 130, 131 (4th Cir. 2018); Prasad v. Washington Metro Police Dep 7, No. 3:17cvl40. 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 Fed.Appx. 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 Fed.Appx. 336 (4th Cir. 2018). Plaintiffs current complaint does not suggest that she is in imminent danger of serious physical harm. (See CompL 3-4.) Accordingly, any request to proceed in forma pauperis will be DENIED. The action will be DISMISSED WITHOUT PREJUDICE.
Plaintiff remains free to submit a new complaint with the full $402 filing fee. The full $402 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.