White v. Levin et al

Filing 66

MEMORANDUM OPINION. Signed by District Judge James R. Spencer on 03/13/2014. Copy mailed to Plaintiff. (walk, )

I
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

IE B
T20I4 ^

CLERK, U.S. L IS; RiCT COURT
RICHMOND, VA

DARRYL A. WHITE,

Plaintiff,
v.

Civil Action No. 3:13CV23

LEONARD LEVIN, et«/.,
Defendants.

MEMORANDUM OPINION

Plaintiff, Darryl A. White, a Virginia state prisoner proceeding pro se and informa

pauperis, brings this 42 U.S.C. § 1983 action.1 The matter is before the Court on the Motions for
Summary Judgment filed by Harold Clarke, the Director of the Virginia Department of

Corrections ("VDOC") and Harvard Stephens, the Chief Physician ofthe VDOC.2 (ECF
Nos. 11, 52.) White has responded. For the reasons set forth below, the Court will grant the
Motions for Summary Judgment because White failed to exhaust his administrative remedies

1The statute provides, in pertinent part:
Every person who, under color of any statute ... of any State ... subjects,
or causes to be subjected, any citizen of the United States or other person within
the jurisdiction thereof to the deprivation of any rights, privileges, or immunities
secured by the Constitution and laws, shall be liable to the party injured in an
action at law

42 U.S.C. § 1983.

2The Warden ofthe Haynesville Correctional Center ("HCC), Daniel Mahon, and the
Manager of Health Services for the VDOC, Fred Schilling, joined in Clarke's Motion for
Summary Judgment. The Court, however, already has dismissed all claims against Mahon and
Schilling.