Scott v. Piedmont Regional Jail et al

Filing 25

MEMORANDUM OPINION re: 10 MOTION to Amend 2 Complaint by Darrell Demare Scott., 11 MOTION for Appointment of Counsel by Darrell Demare Scott., 13 APPLICATION/MOTION for Leave to Proceed in forma pauperis by Darrell Demare Scott., 16 REQUEST/MOTIO N for Time Totaling/Extension by Darrell Demare Scott., 17 MOTION for Appointment of Counsel by Darrell Demare Scott., 22 MOTION For An Leave to adpend Complaint and Consolidate by Darrell Demare Scott. (See Memorandum Opinion For Details). Signed by District Judge James C. Cacheris on 5/19/15. (Copy Mailed 5/20/15)(nhall )

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

Darrell Demare Scott,
Plaintiff,

l:14cv!582(JCC/MSN)

v.

Sgt. Tony and Major Acknee,
Defendants.
MEMORANDUM OPINION

Darrell Demare Scott, a federal inmate proceeding pro se, has filed a civil rights action,
pursuant to 42 U.S.C. § 1983, alleging violation of his constitutional rights during his former

incarceration at the Piedmont Regional Jail ("PRJ"). Plaintiffhas applied to proceed in forma
pauperis in this action. The complaint initially was filed in the United States District Court for

the Western District of Virginia, and was transferred to this district on November 19, 2014. By
Order dated December 10, 2014, the complaintwas conditionally filed, and plaintiff was

informed of deficiencies in the claims he alleged. In deference to his pro se status, plaintiffwas
allowed an opportunity to particularize and amend his allegations in an amended complaint, to
state a claim for which § 1983 would be available. In addition, plaintiffwas directed to complete
and return an affidavit concerning his exhaustion of his institution's administrative grievance
process. Plaintiff has complied with those instructions. After careful review of the affidavit and

amended complaint, the claims against the defendants will be dismissed pursuant to 42 U.S.C.
§ 1997e(a) as unexhausted, and alternately pursuant to 28 U.S.C. § 1915A(b)(l) for failure to

state a claim.1 Plaintiffs pending motions for appointment of counsel and other relief will be

1Section 1915Aprovides:
(a) Screening.—The court shall review, before docketing, iffeasible or, in any event,