Voliva v. Stolle et al

Filing 11

MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 3/18/2016. (sbea, )

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
ANTHONY VOLIVA,

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Plaintiff,

v.
KEN STOLLE, et al.,
Defendants.

[L

tlll82016

Civil Action No. 3:15CV359-HEH

Anthony Voliva, a former Virginia prisoner proceeding pro se and in forma

pauperis, brings this action pursuant to 42 U.S.C. § 1983. 1 The matter is before the Court
for evaluation pursuant to 28 U.S.C. § 1915(e)(2).

I. Preliminary Review
Pursuant to the Prison Litigation Reform Act C'PLRA") this Court must dismiss
any action filed by an individual proceeding informa pauperis if the Court determines
the action (1) "is frivolous" or (2) "fails to state a claim on which relief may be granted."
28 U.S.C. § 1915(e)(2). The first standard includes claims based upon "'an indisputably
meritless legal theory," or claims where the "factual contentions are clearly baseless."
The 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.

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11)'

CLERK, U.S. DISTRICT COURl
RICHl.i~:ND VA

MEMORANDUM OPINION
(Dismissing 42 U.S.C. § 1983 Action As Moot)

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Clay v. Yates, 809 F. Supp. 417, 427 (E.D. Va. 1992) (quoting Neitzke v. Williams, 490
U.S. 319, 327 ( 1989)). The second standard is the familiar standard for a motion to
dismiss under Fed. R. Civ. P. l 2(b)(6).

II. Summary Of Allegations
Voliva filed the present action while he was incarcerated in the Virginia Beach
Correctional Center. In his complaint, Voliva complains that the Sheriff Stolle and his
deputies have failed to keep the shower at the Virginia Beach Correction Center
sufficiently clean and sanitary. Voliva seeks injunctive relief in the form of ordering that
the shower be cleaned on a quarterly basis. Since the filing of the Complaint, Voliva has
been released from incarceration. (ECF No. 10.)

III. Analysis
"[A]s a general rule, a prisoner's transfer or release from a particular prison moots
his claims for injunctive and declaratory relief with respect to his incarceration there."

Rende/man v. Rouse, 569 F.3d 182, 186 (4th Cir. 2009) (citing lncumaa v. Ozmint, 507
F.3d 281, 286-87 (4th Cir. 2007); Williams v. Griffin, 952 F.2d 820, 823 (4th Cir. 1991);

Taylor v. Rogers, 781 F.2d 1047, 1048 n.l (4th Cir. 1986)). Accordingly, the action will
be dismissed as moot because Voliva is no longer incarcerated in the Virginia Beach
Correctional Center.
An appropriate Order shall accompany this Memorandum Opinion.

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/s/
HENRY E. HUDSON
UNITED STATES DISTRICT JUDGE

1tAn.l

Date:
1r, 201'
Richmond, Virginia

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