Kuhne v. Barry et al

Filing 20

MEMORANDUM OPINION. Signed by District Judge Leonie M. Brinkema on 11/19/2012. (rban, )

IN THE UNITED STATES DISTRICT COURT FOR
EASTERN DISTRICT OF VIRGINIA
Alexandria Division

CLERK, U.S. DISTRICT COURT
ALEXANDRIA. VIRHIMia

Jamie Kuhne,
Plaintiff,

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v.

Harold W. Clarke, et ah,
Defendants.

l:llcvl218(LMB/IDD)

MEMORANDUM OPINION

Jamie Kuhne, 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 in numerous respects

during his former incarceration at the Fairfax Adult Detention Center ("FADC")-1 Because
plaintiffs initial complaint was not filed in compliance with Fed. R. Civ. P. 10(b) and 8(a),
plaintiff was directed to submit an amended complaint using a standard § 1983 complaint form,
which would become the sole operative complaint in the action. In addition, plaintiff was
instructed to sign and return a Consent Form, and he has complied with those directions. After
careful review of the amended complaint, claims one through five will be dismissed pursuant to

28 U.S.C. § 1915A(b)(l) for failure to state a claim.2 In addition, defendants Governor Bob

1Plaintiff has notified the Court that he is now confined in the custody of the Virginia
Department of Corrections, at Haynesville Correctional Center.

2 Section 1915A provides:
(a) Screening.—The court shall review, before docketing, iffeasible or, in any event,
as soon as practicable after docketing, a complaint in a civil action in which a
prisoner seeks redress from a governmental entity or officer or employee of a
governmental entity.

(b) Grounds for dismissal.—On review, the court shall identify cognizable claims
or dismiss the complaint, or any portion of the complaint, if the complaint—
(1) is frivolous, malicious, or fails to state a claim upon which relief