United States District Court, W.D. Virginia, Roanoke Division
December 17, 2014
BERNARD RAY RICHARDSON, Plaintiff,
J.B. MESSER, et al., Defendants.
MICHAEL F. URBANSKI, District Judge.
Plaintiff Bernard Ray Richardson, a Virginia prisoner proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983. Richardson has not submitted a filing fee with his complaint and, therefore, the court liberally construes his action as a request to proceed in forma pauperis. However, at least three of Richardson's previous actions or appeals have been dismissed as frivolous or for failure to state a claim upon which relief may be granted. Therefore, Richardson may not proceed with this action unless he either pays the $350.00 filing fee or shows that he is "under imminent danger of serious physical injury." 28 U.S.C. § 1915(g).
As Richardson has neither prepaid the filing fee nor demonstrated that he is "under imminent danger of serious physical injury, " the court dismisses his complaint without