Jervis v. Richardson, No. 1:2017cv00425 - Document 40 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION Signed by District Judge Claude M. Hilton on 7/2/2018. (acha, )
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Jervis v. Richardson Doc. 40 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Prince Nicholas Jervis, Plaintiff, V. ) ) ) ) ) Captain Desaline Perry, ) Defendant. l:17cv425(CMH/IDD) ) MEMORANDUM OPINION Prince Nicholas Jervis, a Virginia inmate proceeding pro se, has filed a civil rights action, pursuant to 42 U.S.C. § 1983, alleging that his constitutional rights were violated by Captain Desaline Perry at the Virginia Peninsula Regional Jail("VPRJ").' By Orders dated June 2 and August 14,2017, plaintiff was directed to particularize and amend his complaint. Plaintifffiled his second amended complaint on August 22,2017; however, plaintiff failed to state a claim upon which relief can be granted with respect to several of his claims. By Order dated October 20, 2017, plaintiffs Eighth Amendment excessive force and deliberate indifference claims, as well as his Fourteenth Amendment claims concerning his placement in segregation and missing property, were dismissed pursuant to 28 U.S.C. § 1915A(b)(l)for failure to state a claim.^ 'In his complaint and subsequent pleadings, plaintiff argues that he is innocent. To the extent plaintiff is challenging his convictions, such claims are not properly raised in a § 1983 complaint. Plaintiff must file a 28 U.S.C. § 2254 petition once he has exhausted his claims in state court. ^ In dismissing these claims, the Court relied on, among other things, the attachments to plaintiffs complaint, which included a May 16,2017 Memorandum from the Virginia Peninsula Regional Jail Disciplinary Hearing Office Aat detailed the circumstances leading up to and the eventual extraction of plaintifffrom his cell on May 4,2017. Dkt. No. 11-1. According to plaintiffs annotation on the top ofthe May 16,2017 Memorandum,the exhibit was attached "to prove what happen[ed] on 05-04-2017." Dkt. No. 11-1. "[I]f a plaintiff attaches documents and relies upon the documents to form the basis for a claim or part ofa claim, dismissal is appropriate ifthe document negates the claim." Goines v. Valley Cmtv. Services Bd.,822 F.3d Dockets.Justia.com
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