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Richardson v. Messer

United States District Court, W.D. Virginia, Roanoke Division

December 17, 2014

BERNARD RAY RICHARDSON, Plaintiff,
v.
J.B. MESSER, et al., Defendants.

MEMORANDUM OPINION

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.[1] 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, "[2] the court dismisses his complaint without


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