Schuett v. Wilson, et al, No. 3:2017cv00699 - Document 3 (E.D. Va. 2017)

Court Description: MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 11/26/17. (Copy mailed to Schuett).(jtho, )

Download PDF
Schuett v. Wilson, et al Doc. 3 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division CLIFFORD J. SCHUETT, Plaintiff, V. Civil Action No. ERIC WILSON, ^ 3:17CV699 al., Defendants. MEMORANDUM OPINION Clifford J. Schuett, a federal action and applied to proceed inmate, submitted this civil forma pauperis. By Memorandum Opinion and Order entered on June 13, the Court dismissed COMPLAINT," comply with determine the by Va. Schuett because he Schuett (E.D. prejudice Court's whether § 1915(g). at *1-3 filed without v. directives had three Wilson, June 13, Schuett v. Wilson, No. made no allow 2017 Schuett filed a DANGER attempt to Court to the under 3:17CV102, that was also dismissed for failing directives. to "IMMINENT strikes No. 2017). he an 2017, 28 U.S.C. WL 2569888, second action to comply with the Court's 3:17CV174 (E.D. Va.). The pertinent statute provides: In no event shall a prisoner bring a civil action [in forma pauperis] if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of Che United that it is States that was dismissed on the grounds frivolous, malicious, or fails to state a claim which upon relief may be granted, unless the Dockets.Justia.com prisoner is under imminent danger of injury. 28 U.S.C. actions or appeals that have been dismissed as frivolous or for failure to state a 00374, § 1915(g). claim. See Schuett has Schuett v. 2014 WL 5781409, at at serious physical least Governor, *1-2 (D. three State Haw. Nov. of 6, Haw., 2014) No. 14- (denying in forma pauperis status and listing five cases that are strikes under § 1915 (g));^ see also Schuett v. Unknown Party, No. CV-1401663-JJT (JZB) Thus, in (D. Ariz. Oct. 22, 2014).^ his current complaint, Schuett must adequately demonstrate why he is under imminent danger of serious physical injury. has He does not do so. been injured Instead, he vaguely states that he multiple times at his present place of incarceration and that his present place of incarceration cannot adequately care for his medical condition. of candor and long allegations are - United The pattern of insufficient States to District Given his past lack abusive litigation, such credibly demonstrate that Court for the District of Hawaii cited the following five cases that count as strikes: Schuett V. Attorney Gen, of Cal. , No. 14-6794 (C.D. Cal. Sept. 26, 2014); 010163 JCM Schuett v. (D. Nev. United States Marshal Serv., July 29, 2013) ; Schuett v. No. 2:13-cv- Sheriff, Cnty. Jail of Rochester, New York, Civ. No. 6:95-cv-6216 (W.D.N.Y. May 30, 1995); Schuett V. Sheriff, Cnty. Jail of Rochester, New York, Civ. No. 6:95-cv-6157 (W.D.N.Y. May 30, 1995); Schuett v. BM Fauber, No. 88-73527 HWG (E.D. Mich. Sept. 13, 1988). ^ The United States District Court for the District of Arizona cited four of the above-listed cases and one additional case: No. Schuett v. CEO-CCA-Correctional 2:14-CV-1431-JAD-PAL (D. Nev. Oct. 3, Corp. 2014). of America, Schuett White is V. in imminent State of danger Colo., 157 of serious F.3d 1226, physical 1232 (concluding inmate failed to satisfy § 1915(g) specify "even injury' he request action free to the general asserts to proceed ^ will file is forma dismissed a new action The Clerk of of imminent"). be entitled to proceed ^ nature pauperis without that the harm. (lOth prejudice. Cir. 1998) where he did not 'serious Accordingly, will See physical Schuett's be denied. Schuett adequately specifies The remains why he is forma pauperis. the Court is directed to send a copy of this Memorandum Opinion to Schuett. It is so ORDERED. /s/ Robert E. Payne Senior United States District Judge Date; Richmond, Virginia 'Z^Ol 7

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.