Wilson v. Mediko Correctional Healthcare

E.D. Virginia

Wilson v. Mediko Correctional Healthcare

DecidedMarch 27, 2023

Docket3:23-cv-00196

StatusUnknown

This text of Wilson v. Mediko Correctional Healthcare (Wilson v. Mediko Correctional Healthcare) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Wilson v. Mediko Correctional Healthcare, (E.D. Va. 2023).

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division - VINCENT ELLIOT WILSON, Plaintiff, v. Civil No. 3:23cv196 (DJN) MEDIKO CORRECTIONAL HEALTHCARE, ef ai., Defendants. MEMORANDUM OPINION Plaintiff, a Virginia inmate, submitted this action and requested leave to proceed in forma pauperis. (ECF No. 2.) 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 Wilson v. Arthur, No. 3:23cv82 (DJN), 2023 WL 2506420, at *6 (E.D. Va. Mar. 14, 2023); Wilson v. Burgess, No. 3:22cv662 (DIN), 2023 WL 2505863, at *5 (E.D. Va. Mar. 14, 2023); Wilson v. Arthur, No. 3:22cv602 (DJN), 2023 WL 2507554, at *6 (E.D. Va. Mar. 14, 2023); Wilson v. U.S.P.S, No. 3:22cv689 (DJN), 2023 WL 1997069, *2 (E.D. Va. Feb. 14, 2023); Wilson v. Lindsey, No. 3:23cv83 (DIN), 2023 WL 1997070, at *2 (E.D. Va. Feb. 14, 2023). 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. (ECF No. 2.) The action will be DISMISSED WITHOUT PREJUDICE. 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 Final Order will accompany this Memorandum Opinion. Let the Clerk file a copy of the Memorandum Opinion electronically and send a copy to Plaintiff.

/s/ David J. Novak United States District Judge Richmond, Virginia Dated: March 27, 2023

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division - VINCENT ELLIOT WILSON, Plaintiff, v. Civil No. 3:23cv196 (DJN) MEDIKO CORRECTIONAL HEALTHCARE, ef ai., Defendants. MEMORANDUM OPINION Plaintiff, a Virginia inmate, submitted this action and requested leave to proceed in forma pauperis. (ECF No. 2.) 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 Wilson v. Arthur, No. 3:23cv82 (DJN), 2023 WL 2506420, at *6 (E.D. Va. Mar. 14, 2023); Wilson v. Burgess, No. 3:22cv662 (DIN), 2023 WL 2505863, at *5 (E.D. Va. Mar. 14, 2023); Wilson v. Arthur, No. 3:22cv602 (DJN), 2023 WL 2507554, at *6 (E.D. Va. Mar. 14, 2023); Wilson v. U.S.P.S, No. 3:22cv689 (DJN), 2023 WL 1997069, *2 (E.D. Va. Feb. 14, 2023); Wilson v. Lindsey, No. 3:23cv83 (DIN), 2023 WL 1997070, at *2 (E.D. Va. Feb. 14, 2023). 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. (ECF No. 2.) The action will be DISMISSED WITHOUT PREJUDICE. 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 Final Order will accompany this Memorandum Opinion. Let the Clerk file a copy of the Memorandum Opinion electronically and send a copy to Plaintiff.

/s/ David J. Novak United States District Judge Richmond, Virginia Dated: March 27, 2023

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Wilson v. Mediko Correctional Healthcare, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-mediko-correctional-healthcare-vaed-2023.

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