Lewis v. VCU Health

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division RONALD WAYNE LEWIS, Plaintiff, Vv. Civil No. 3:21cv161 (DJN) V.C.U. HEALTH DIRECTOR, et ai., Defendants.

MEMORANDUM OPINION (Dismissing Action Without Prejudice) Plaintiff, a Virginia inmate, has submitted this action and requested leave to proceed in Jorma 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. Lewis v. Andrews, 2011 WL 741464, at *1 (E.D. Va. Feb. 23, 2011); Lewis v. Miller, 2011 WL 1059207, at *1 (E.D. Va. Mar. 23, 2011); Lewis v. Lappin, 2011 WL 4961366, at *5 (E.D. Va. Oct. 18, 2011), aff'd sub nom. Lewis v. Shah, 466 F. App’x 211 (4th Cir. 2012); Lewis v. U.S. Prob. Off, E. Dist. of Virginia, 2011 WL 1813655, at *3 (E.D. Va. May 6, 2011).

Plaintiff's current allegations do not credibly indicate that he is in imminent danger of serious physical harm. Therefore, Plaintiff's request to proceed in forma pauperis will be DENIED. This action will be DISMISSED WITHOUT PREJUDICE. An appropriate Order shall issue. Let the Clerk file a copy of this Memorandum Opinion electronically and send a copy to Plaintiff.

/s/ David J. Novak United States District Judge Richmond, Virginia Dated: May 11, 2021