White v. U.S. Department of Justice Federal Bureau of Prisons FCC Petersburg et al, No. 3:2017cv00441 - Document 21 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION. SEE OPINION for details. Signed by District Judge Henry E. Hudson on 11/21/2018. Copy mailed to Petitioner.(ccol, )
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White v. U.S. Department of Justice Federal Bureau of Prisons FCC Petersburg et al IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division Doc. 21 g NOV 2 MARK OWEN WHITE, CLERK, U.S. District court RICHMOND. VA Petitioner, Civil Action No. 3:17CV441-HEH V. U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS FCC PETERSBURG,et al. Respondents. MEMORANDUM OPINION (Granting Motion to Dismiss) Mark Owen White, a federal inmate proceeding pro se, filed this petition for a writ of mandamus ("Petition," ECF No. 1). White names as respondents: the U.S. Department ofJustice Federal Bureau of Prisons FCC Petersburg and Warden Wilson' ("Respondents"). White contends that Respondents have failed to provide appropriate medical care for his Hepatitis C. The matter is before the Court on Respondents' Motion to Dismiss, For the reasons stated below, the Motion to Dismiss(ECF No. 12) will be granted because White fails to establish that he is entitled to mandamus relief. 1. STANDARD FOR MOTION TO DISMISS Pursuant to the Prison Litigation Reform Act("PLRA")this Court must dismiss any action filed by a prisoner if the Court determines the action(1)"is frivolous" or 'Respondents note that Warden Wilson is no longer the warden of PCI Petersburg, and that the current warden is Ray Ormond. (ECF No. 13, at 1 n.l.) Because White brings this action seeking mandamus relief against Warden Wilson in his official capacity, pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Ray Ormond is substituted for Warden Wilson as a respondent in this matter. Dockets.Justia.com
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