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BEA v. DOE

No. 1:05CV1096 (TSE/BRP), 1:05CV1237 (TSE/TRJ).

401 F.Supp.2d 538 (2005)

Marion Leon BEA, Plaintiff, v. John DOE, Doctor, et al., Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

November 17, 2005.

Attorney(s) appearing for the Case

Marion Bea, Waverly, VA, pro se.

MEMORANDUM OPINION

ELLIS, District Judge.

This is a case in which plaintiff, a frequent filer, seeks to avoid the three-strikes provision of 28 U.S.C. § 1915(g) by disguising a "strike" as a "ball." Because the disguise fails, plaintiff has indeed had three strikes in filing frivolous claims and like a baseball batter, he must be called "out" in his effort to proceed in forma pauperis in this case. Accordingly, to earn an "at-bat" in this...

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