Opinion
Civil Action No. 3:21CV234
04-29-2021
MOMOLU V.S. SIRLEAF, SR., Plaintiff, v. JIMMY DOE, 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). As Plaintiff is aware, he has at least three other actions or appeals that have been dismissed as frivolous or for failure to state a claim. See, e.g., Sirleaf v. Harris, No. 19-2520 (UNA), 2020 WL 2995015, at *3 (D.D.C. June 3, 2020); Sirleaf v. Northam, No. 3:19CV182, 2019 WL 4247824, at *5 (E.D. Va. Sept. 16, 2019) (placing Plaintiff on "notice that with this dismissal, he now has three strikes under § 1915(g)"); Sirleaf v. McCabe, No. 7:19CV00240 (W.D. Va. Mar. 18, 2019), aff'd No. 19-5423 (4th Cir. Aug. 21, 2019); Sirleaf v. Mikeljohn, No. 3:18CV562, 2019 WL 2251705, at *10 (E.D. Va. May 24, 2019); aff'd sub nom. Sirleaf v. Meiklejohn, 777 F. App'x 700 (4th Cir. 2019). Plaintiff's current complaint does not suggest that he is in imminent danger of serious physical harm. Accordingly, his request to proceed in forma pauperis will be DENIED. The action will be DISMISSED WITHOUT PREJUDICE.
To the contrary, Plaintiff again attempts to bring an action on behalf of a child, which the Court has already warned him more than once that he may not do. See, e.g., Sirleaf, 2019 WL 2251705, at *2-6. --------
To the extent that he wishes to bring a claim solely on his own behalf, Plaintiff remains free to submit a new complaint with the full $402 filing fee. The Court will process such a complaint as a new civil action.
An appropriate Order shall accompany this Memorandum Opinion.
It is so ORDERED.
/s/_________
M. Hannah Lauck
United States District Judge Date: April 29, 2021
Richmond, Virginia