Lemke v. O'Sullivan et al, No. 1:2012cv01301 - Document 3 (E.D. Va. 2012)
Court Description: MEMORANDUM OPINION Re: 1 Complaint, 1 Motion for Appointment of Counsel, 2 Motion to Leave to Proceed In Forma Pauperis. Signed by District Judge Leonie M. Brinkema on 11/21/2012. Copy mailed to pltf pro se.(stas)
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA LE ft Alexandria Division \ Thomas Lemke, Plaintiff, l:12cv!301 (LMB/IDD) Jim O'Sullivan, et aL, Defendants. MEMORANDUM OPINION Thomas Lemke, a Virginia inmate proceeding pro se, has filed a civil rights action, pursuant to 42 U.S.C. § 1983, alleging that conditions at Chesapeake City Jail ("CCJ") prohibit his access to the courts and that defendants have violated his right to be transferred to a Virginia Department ofCorrections ("VDOC") facility along with an application to proceed in forma pauperis and a Motion for Appointment ofCounsel. For the reasons stated below, plaintiffs claim regarding his right totransfer institutions will bedismissed pursuant to 28 U.S.C. § 1915A(b)(l) for failure to state aclaim for which relief can be granted;1 plaintiffwill be directed to particularize and amend his allegations concerning denial ofhis access to the courts and Section 1915A provides: (a) Screening. The court shall review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity. (b) Grounds for dismissal. On review, the court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint (1) is frivolous, malicious, or fails to state a claim upon which relief can be granted; or (2)seeks monetary relieffrom a defendant who is immune from such relief.
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