Opinion
Civil Action No. 3:18CV546
10-01-2018
SUNDARI K. PRASAD, Plaintiff, v. UNITED STATES, et al., Defendants.
MEMORANDUM OPINION
Plaintiff, a Virginia inmate, has 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., 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 No. 18-6256, 2018 WL 3654852, at *1 (4th Cir. Aug. 1, 2018); Prasad v. Washington 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. Accordingly, her 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 $400 filing fee. The Court will process such a complaint as a new civil action.
An appropriate Order shall accompany this Memorandum Opinion. Date: 10/1/18
Richmond, Virginia
/s/_________
John A. Gibney, Jr.
United States District Judge