Richardson v Commonwealth of Virginia

Filing 2

MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 7/25/13. Copy sent: Yes(tdai, )

IN THE UNITED

STATES

DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division

GREGORY RICHARDSON,

Plaintiff,
v.

Civil Action No.

3:13CV275

COMMONWEALTH OF VIRGINIA,
Defendant.

MEMORANDUM OPINION

Gregory Richardson,
submitted

this

action.

a Virginia detainee proceeding pro se,
Richardson

has

amassed

history of frivolous and abusive litigation.
Va.

Dep't

2008).

of

Corr.,

Thus,

No.

3:07CV514,

Richardson's

at

litigation

an

extensive

See Richardson v.

1-7

{E.D.

Va.

Dec.

9,

in

this

district

is

subject to the following pre-filing injunction:
1.

Absent a bona fide emergency, the Court will
only
process
one
action
at
a
time
from
Richardson

If

....

Richardson

files

a

new

action

while

another action is pending before the Court, the
new action will be filed and summarily dismissed
without prejudice.
If an action is transferred
or

removed

to

this

Court

while

another

action

is

currently
pending
before
the
Court,
the
new
action will be
filed and summarily dismissed
without prejudice.
Richardson may dismiss
a
pending action to expedite another action that he
wishes the Court to consider.
Such dismissal,
however, will be with prejudice if a responsive
pleading or motion has been filed.
2.

Richardson may
multiple challenges
state

and

§ 2244(b);

federal

28 U.S.C.

not simultaneously litigate
to his current custody in
courts.

See

§ 2254(b)(1)(A).

28

U.S.C.

3.

Richardson is precluded from writing on both
sides of any submission.

4.

All petitions for writs of habeas corpus and
civil rights actions under 42 U.S.C. § 1983 must
be submitted on the standardized forms, which may
be

obtained

from

the

Clerk

of

Court.

To

the

extent that Richardson wishes to pursue an action
under some other statute than 28 U.S.C.
28 U.S.C § 2254, or 42 U.S.C. § 1983,

§ 2241,
he must

identify the statute that authorizes the action
at top of the first page of the action and
succinctly
explain
why
that
statute
is
applicable.
5.

In order to monitor Richardson's

repetitious

and multiplicitious litigation he must attach to
each
new
complaint
or
petition
a
separate
document

entitled

"motion

for

leave

certificate
of
compliance"
separately number paragraphs:

(a)

to

and

shall

which

file

in

Identify by style, date filed, and current
status, all cases filed by him or in which
he has been a plaintiff or petitioner within
the one year period preceding the filing of
the

certificate.

Richardson

shall

also

identify in which court the case was filed;
(b)

Certify that the claims he wishes to present
are

new

claims

never

before

raised

and

dismissed
with
prejudice
by
any
federal
court and set forth why each claim could not
have been raised in one of his prior federal
actions;

c)

For any complaint,
set forth in separate
subparagraphs for each of the defendants the
facts

to

that

relief

basis

for

Richardson

against
his

belief

believes

the
that

entitle

defendant
such

and

facts

him

the

exist.

Each subparagraph must, standing alone and
without
reference
to
other
subparagraphs,
exhibits,

or attachments,

establish

that

the

claim against the defendant is made in good
faith, and has a tenable basis in fact and
is not frivolous;

(d)

Contain

Richardson's

statement under penalty

of perjury that the statements made
certificate of compliance are true.
6.

Id.

at

7-9.

prefiling

pending,
No.

3:13CV249

and

will

5
be

latest

submission

injunction.

Richardson

emergency.
4

the

Richardson's failure to comply strictly with
the requirements set forth above will result in
summary denial of the motion for leave to file.
If Richardson misrepresents any facts he will be
subject to appropriate sanctions.

Richardson's

above

in

(E.D.

v.
Va.),

does

Richardson

Superintendent

not

comport

already

has

Piedmont

with

the

an

action

Reg'l

Jail,

and fails to demonstrate any bona fide

Richardson has also failed to comply with paragraphs
of

the

FILED

injunction.
and

this

Accordingly,
action

will

be

Richardson's
dismissed

action
without

prejudice.
The

Clerk

is

DIRECTED

to

send

a

copy

of

the

Memorandum

Opinion to Richardson.

/s/

ftcfl

Robert E. Payne

fcjfi

Date: \L/'L$(7jl>l'$
Richmond,

Virginia

Senior United States District Judge