Richardson v. Kelly et al, No. 3:2008cv00229 - Document 14 (E.D. Va. 2011)
Court Description: MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 5/12/11. Copy sent: Yes(tdai, )
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IN THE UNITED FOR THE STATES DISTRICT EASTERN DISTRICT COURT OF VIRGINIA CLERK, U.S. DISTRICT COURT Richmond Division GREGORY A. RICHMOND. VA RICHARDSON, Plaintiff, v. Civil Action No. REBECKA KELLY, et 3:08CV229 al., Defendants. MEMORANDUM OPINION Gregory A. submitted a Richardson, civil a Virginia detainee proceeding pro se, rights action under 42 U.S.C. ยง 1983. By Memorandum Opinion and Order entered on January 8, 2009, the Court subjected to prefiling all injunction. litigation submitted Richardson v. Order filed Jan. 8, 2009) . Absent a Va. by Richardson Dep't Corr., No. a 3:07cv514 That injunction provides, (E.D. in pertinent part: 1. only bona process Richardson 3. one 5. of In and action is precluded the at Court a will time from from writing on both any submission. order to monitor multiplicitious each new complaint entitled emergency, .... Richardson sides fide Richardson's litigation or petition a "motion for leave of compliance" he to repetitious must attach to separate document file and certificate which shall in separately number[ed] paragraphs: (a) Identify status, by all style, cases has been a plaintiff one year period certificate. (b) date filed, and filed by him or current in which he or petitioner within the preceding Richardson the shall filing also Va. of the identify in which court the case was filed; Certify that the claims he wishes to present are new claims never before raised and dismissed with prejudice by any federal court and set forth why been raised in one (c) For any complaint, subparagraphs facts each for claim his prior set each could forth of not have federal actions; the in separate defendants that Richardson believes the entitle him to relief against the defendant and the basis for his belief that such subparagraph must, facts exist. reference to other subparagraphs, attachments, Each standing alone and without establish that the exhibits, or claim against the defendant is made in good faith, and has a tenable basis in fact and is not frivolous; (d) Contain of Richardson's perjury that certificate 6. the requirements summary denial Richardson subject (Id. at to Court date of under statements compliance are failure set of statement to forth misrepresents above any in the true. comply strictly will the motion for leave appropriate penalty made facts with result to in file. will he If be sanctions. 1-3.) Accordingly, the of Richardson's the directed entry comports by Memorandum Order Richardson, thereof, with the to above entered within submit on March fourteen a certificate directives. The (14) of Court 21, days 2011, of compliance the that warned Richardson that failure to comply with the above directive would result in the dismissal of fourteen (14) 2011 the action. days Fed. have the elapsed Order Memorandum Accordingly, See and present R. since Civ. the Richardson action will P. 41 (b) . entry of has be More the not March than 21, responded. DISMISSED WITHOUT PREJUDICE. The Clerk is DIRECTED to send a copy of the Memorandum Opinion to Richardson. /s/ Robert Date: R i chmond, , / ' f ^ Virginia Vi ^ E. Payne Senior United States District Judge
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