United States District Court, W.D. Virginia, Big Stone Gap Division
DON W. McKINNEY, Plaintiff,
COMMONWEALTH OF VIRGINIA, ET AL., Defendants.
McKinney, Pro Se Plaintiff.
OPINION AND ORDER
P. JONES UNITED STATES DISTRICT JUDGE.
pro se action, the plaintiff seeks to proceed in forma
pauperis. Based upon the financial affidavit he has
submitted, I will allow his pleading, which I treat as a
Complaint under 42 U.S.C. § 1983, to be filed without
the payment of the filing fee, pursuant to 28 U.S.C. §
1915(a)(1). However, upon examination of the Complaint and
other materials submitted by the plaintiff, I will dismiss
the case. I will also give the plaintiff 21 days to object to
a proposed Pre-Filing Injunction prohibiting him from
proceeding in forma pauperis ("IFP") for a period
of four years in any case involving claims previously
asserted and dismissed.
October 1993, McKinney was arrested on a state criminal
charge and a probation violation charge and he was detained
until February 1994. He eventually pleaded not guilty by
reason of insanity and has been thereafter confined in mental
health institutions from time to time. Since then, he has
filed numerous pro se actions in this court raising various
complaints related to the state criminal case and his
confinement. The court's records indicate that since
1993, McKinney has filed at least 38 separate cases. The
actions come on a regular basis, usually once or twice a
year. In this, his latest action, he complains that he was
wrongfully confined following the state criminal case, and he
also complaints of a state civil action filed in 2006
involving the sale of land in which he claimed an interest.
alleges that the Circuit Court of Wise County violated his
Sixth Amendment right to a jury trial following his plea of
not guilty by reason of insanity by confining him and giving
him "bad medication." Compl. 1. The medicine
allegedly was administered by the Lee and Wise County PD-1
Behavioral Health Community Services Board from May 24, 2010,
until the present.
further contends that his criminal case should have been
heard in Lee County rather than Wise County. He alleges that
the Circuit Court of Wise County wrongfully sold his land
without his signature. He claims that Angie and John Fleenor
are illegally living on his land without paying rent, and he
wants them evicted.
mailing his original pleading in this case on June 11, 2018,
McKinney has submitted several additional pleadings as
attachments. In the first, captioned i "Re: Land,"
he complains that he did not sign any papers when his land
was auctioned off and bought by Edna Boggs, Daniel McKinney,
and Jeannine Chapman in 2006, 2007, and 2008. He wants the
Circuit Court of Wise County to return his land to him and
repay the purchasers. He contends he is entitled to the land
because the land was bequeathed to him in the will of
Calloway McKinney, his father.
next attachment, styled as a letter to me, he asserts that
the land was stolen from him by Boggs, Daniel McKinney, and
Chapman. He claims the land was sold without his signature
because he was hospitalized at the time following his
criminal prosecution. He then writes,
You cannot sell land cause we did not make it, Jesus Christ
made it, and if you say you can sell land then you are making
Jesus Christ out of a liar, and he is not! Jesus Christ is
the way, the truth and life, nobody comes unto the Father
except through Jesus Christ. Amen. Please forgive me Jesus
Christ, forgive me, I repent! Praise the Holy Ghost whom
resides in me. Now getting back to the land grabbers they
were stupid cause I am not giving up my land that Jesus
Christ, Calloway McKinney made me the official heir or else
have the Federal Court write an Order to give my land back.
Ltr. 1-2. In a post script, he writes, "There is no
statute of limitations on land what Jesus Christ made!"
submitted a Notice to this Court that Plaintiff Wants his
Case Expedited or Sped Up. In this pleading, after requesting
that his case be expedited, he wrote, "Also, please
note: A moped by definition under motor vehicle shall be
deemed not a motor vehicle, and my case is real, due to it
happened to a real person by the name of Don Wayne
McKinney!" Notice 1. On October 22, 2014, he submitted a
completed short form Application to Proceed in District Court
Without Prepaying Fees or Costs in which he indicated that he
receives $740 per month in disability benefits and has only
ten cents in his bank account.
recently McKinney submitted another pleading styled as a
letter to me. In the letter, he requests an injunction to
prevent him from returning to the Circuit Court of Wise
County or any Community Services Board because of an alleged
unspecified conflict. He also asks me to close Wise County
Behavioral Health because it is allegedly distributing
dangerous synthetic medications.
only defendants named by him in the present action are the
Commonwealth of Virginia, the Circuit Court of Wise County,
Virginia, and this court. It is apparent that the plaintiff
has failed to state a claim on which relief may be granted
and accordingly, ...