Shumake v. The Commonwealth of Virginia, No. 7:2018cv00264 - Document 6 (W.D. Va. 2018)
Court Description: MEMORANDUM OPINION. Signed by Chief Judge Michael F. Urbanski on 6/18/18. (sas)
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Shumake v. The Commonwealth of Virginia Doc. 6 ClERK'S OFFICE U.S. DIST. COURT AT ROANOKE, VA FILED IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION DARYLL SHUMAKE, Plaintiff, JU BY: ) ) ) ) COMMONWEALTH OF VIRGINIA, Defendant. Civil Action No. 7:18-cv-00264 MEMORANDUM OPINION ) ) ) By: Hon. Michael F. Urbanski Chief United States District Judge Daryll Shumake, a Virginia inmate proceeding pro se, filed a complaint pursuant to 42 U.S .C. § 1983, naming the Commonwealth ofVirginia as the sole defendant. Suing the Commonwealth ofVirginia via§ 1983 is the pursuit of "an indisputably meritless legal theory," and amending the complaint in this § 1983 action against this defendant would be futile. See, v. Williams, 490 U.S. 319,327 (1989); see also West v. Atkins, 487 U.S. 42,48 (1988); Edelman v. Jordan, 415 U.S. 651,663 (1974). Accordingly, the action is dismissed as frivolous pursuant to 28 U.S.C. § 1915A(b)(1). 1 See Nelson v. Virginia, No. 7:16CV00055 , 2016 U.S . Dist. LEXIS 95022, at *3, 2016 WL 3963242, at *2 (W.D. Va. July 21, 2016) (dismissing claims against the Commonwealth ofVirginia as frivolous), appeal dismissed as frivolous, 672 F. App'x 3 k Cir. 20 17). / ENTER: This_ _ day of June, 2018. Chief United Judge 1 Moreover, Plaintiff is a "three-striker" per 28 U.S.C. § 1915(g), and his allegations about frustrated access to grievance procedures and falling in his ce ll nearly two months earlier do not describe an "imminent danger of serious physical injury" to allow him to proceed without prepaying the filing fee . Dockets.Justia.com
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