Barbour v. Western Region Director VDOC

7:08-cv-00605 | W.D. Va. | Nov 26, 2008

CLERK‘S OFF|CB U.S. DIST COUHT »\\T ROANOKE. VA F|LED NUV 2 520|]8 IN THE UNITEI) STATES DISTRICT COURT OJHN F FOR THE WESTERN DISTRICT 0F vIRGINIA CORCH I_< RoANoKE DIVISION DEPUTY KENNETH EDWARD BARBOUR, Plaintiff, v. WESTERN REGIONAL DIRECTOR VDOC, e_t. a_l., Defendants. K_ENNETH EDWARD BARBOUR, Plaintiff, v. VDOC DIRECTOR INMATE HEALTH SERVICES, g_t_. _a_l_., Defendants. KENNETH EDWARD BARBOUR, Plaintiff, v. WESTERN REGIONAL DIRECTOR VDOC, e_t. _a_l_., Defendants. KENNETH EDWARD BARBOUR, Plain¢iff, V. CAPTAIN REYNOLDS, e_t. a_l., Defendants. Case 7:08-cv-00605-.]CT-mfu Document 5 \_¢\_I\.¢\_/\_/\_/\-I\~_/ \./\_/\»/\»/\¢/VV\-J \_/\_/\./\-/\./\\»/\.¢\./ \_l\-/\./\./\-/`-¢/\_/ Civil Action No. 7:08-cv-00S98 Civil Action No. 7:08-cv-00601 Civil Action No. 7:08-cv-00602 Civil Action No. 7:08-cv-00603 Filed 11/26/08 Page 1 of 3 Pageid#: 27 KENNETH EDWARD BARBOUR, Plaintiff, V. WESTERN REGIONAL DIRECTOR VDOC, e_t. a_l., Defendants. KENNETH EDWARD BARBOUR, Plaintiff, V. WESTERN REGIONAL DIRECTOR VDOC, e_t. a_l., Defendants. KENNETH EDWARD BARBOUR, Plaintiff, V. VDOC WESTER REGI()NAL DIRECT()R, e_t. gL, Defendants. KENNETH EDWARD BARBOUR, Plaintiff, V. BRYAN WATSON, e_t. a_l., Defendants. \-/\_/\./\./\-/‘~_/V\./ \_/\,/\_/\_/\_/\_/\-¢\_/ \_/\_/\_/\_/\-/V\-/\_/ \./\./\-./WV\-/\_l Civil Action No. 7:08-cv-00604 Civil Action No. 7:08-cv-00605 Civil Action No. 7:08-cv-00606 Civil Action No. 7:08-cv-00607 M;AL_(M By: Hon. James C. Tul'k Senior United States District Judge In accordance With the Memorandum Opinion entered this day, it is hereby ADJUDGED and ORDERED that these eight (8) civil actions are hereby CONSOLIDATED for disposition; all eight (8) civil actions are hereby DISMISSED Without prejudice, pursuant to 28 U.S.C. §19] SA(b)(l), for Case 7:08-cv-00605-.]CT-mfu Document 5 Filed 11/26/08 Page 2 of 3 Pageid#: 28 failure to state a claim; and all eight (8) actions are stricken from the active docket of the court. Plaintiff is advised that federal law provides that a prisoner may not bring a civil action Without complete prepayment of the appropriate filing fee if the prisoner has brought on three or more occasions, an action or appeal in a federal court that was dismissed as frivolous, as malicious, or for failure to state a claim upon which relief may be granted, unless the prisoner is in imminent danger of serious physical injury. §§ 28 U.S.C. §1915(g). Because of the overlapping nature of plaintiff’s claims in these eight civil actions, the simultaneous dismissal of these eight complaints shall only count as one qualified dismissal under 28 U.S.C. § 1915(g). Thus, plaintiff is advised that he now has at least one “strike” under § 1915(g), and if he has previously had, or in the future has, two or more other civil actions in federal court dismissed on the grounds cited in § 191 S(g), he Will no longer be allowed to tile any civil action in federal court Without prepayment of the $350.00 filing fee, unless he demonstrates imminent danger of serious physical harm. The Clerk is directed to send copies of this order and the accompanying memorandum opinion to plaintiffl vel ENTER: This gd» day ofNovember,zocs. Wmaz./a Se\sior United States DistrEt`Judge Case 7:08-cv-00605-.]CT-mfu Document 5 Filed 11/26/08 Page 3 of 3 Pageid#: 29