Helms v. Clarke et al

Filing 44

MEMORANDUM OPINION re 23 Motion. The claim against Dr. Amonette is DISMISSED WITH PREJUDICE. Signed by District Judge Anthony J Trenga on 3/11/2019. (lcre, ) (c/s to plaintiff pro-se)

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

Jackie Lee Helms,
Plaintiff,

V.

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)
)
)

Dr. Amonette,^
Defendants.

)
)
)

l:18cv430(AJT/TCB)

MEMORANDUM OPINION AND ORDER

Jackie Lee Helms,a Virginia inmate acting pro

filed this civil rights action pursuant to

42 U.S.C. § 1983, alleging in relevant part that he suffered deliberate indifference to his serious
medical needs when he was not provided with appropriate medication for his hepatitis C

infection.' The matter is presently before the Court on a Motion to Dismiss for Failure to State a
Claim filed by defendant Dr. Amonette,the ChiefPhysician for the Virginia Department of
Corrections("VDOC"),to which Helms has filed no response. For the reasons which follow,

defendant's Motion will be granted.^
I. Background

In the Amended Complaint, which is the operative complaint in the lawsuit, plaintiff
makes the following allegations regarding Dr. Amonette:
Dr. Amonett [sic] does not know me by face or name only by my
#1026097 an[d] my liver enzymes count threw [sic] my Blood lab
work. He controlls [sic] who get liver treatment for hepatitis C.

Dkt. No. 13, § IV. In an attachment to the amended complaint. Helms adds:

'Helms also asserts in the amended complaint that he is not receiving adequate treatment
for his chronic dry mouth condition, but those allegations are not directed at Dr. Amonette.

^Two other defendants. Helms'"primary care physician" at his place ofincarceration and
the institution's medical administrator, have not yet filed dispositive motions in the lawsuit.