Summary
noting that the district court's § 1915A dismissal without prejudice for failure to state a claim constituted the prisoner's third strike under § 1915(g)
Summary of this case from McLean v. U.S.Opinion
No. 08-7580.
Submitted: January 13, 2009.
Decided: January 16, 2009.
Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (7:08-cv-00381-jlk-mfu).
Ronnie A. Vaughan, Appellant Pro Se.
Before WILLIAMS, Chief Judge, and TRAXLER and KING, Circuit Judges.
Affirmed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Ronnie A. Vaughan appeals the district court's order dismissing his 42 U.S.C. § 1983 (2000) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Vaughan v. Watts, No. 7:08-cv-00381-jlk-mfu, 2008 WL 2679158 (W.D.Va. July 8, 2008). Because the district court's dismissal was Vaughan's third strike under the Prison Litigation Reform Act, 28 U.S.C. § 1915 (2000), Vaughan may not proceed in forma pauperis in any civil action or appeal filed while he is incarcerated or detained in any facility unless he is under imminent danger of serious physical injury. See 28 U.S.C. § 1915(g) (2000). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
See Vaughan v. Powell, No. 1:03-cv-898 (E.D.Va. Jan. 24, 2005); Vaughan v. Jail Deputies, No. 1:00-cv-364 (E.D.Va. Aug. 8, 2000).
AFFIRMED