White v. U.S. Department of Justice Federal Bureau of Prisons FCC Petersburg et al
Filing
21
MEMORANDUM OPINION. SEE OPINION for details. Signed by District Judge Henry E. Hudson on 11/21/2018. Copy mailed to Petitioner.(ccol, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
g
NOV 2
MARK OWEN WHITE,
CLERK, U.S. District court
RICHMOND. VA
Petitioner,
Civil Action No. 3:17CV441-HEH
V.
U.S. DEPARTMENT OF JUSTICE
FEDERAL BUREAU OF PRISONS
FCC PETERSBURG,et al.
Respondents.
MEMORANDUM OPINION
(Granting Motion to Dismiss)
Mark Owen White, a federal inmate proceeding pro se, filed this petition for a writ
of mandamus ("Petition," ECF No. 1). White names as respondents: the U.S.
Department ofJustice Federal Bureau of Prisons FCC Petersburg and Warden Wilson'
("Respondents"). White contends that Respondents have failed to provide appropriate
medical care for his Hepatitis C. The matter is before the Court on Respondents' Motion
to Dismiss, For the reasons stated below, the Motion to Dismiss(ECF No. 12) will be
granted because White fails to establish that he is entitled to mandamus relief.
1. STANDARD FOR MOTION TO DISMISS
Pursuant to the Prison Litigation Reform Act("PLRA")this Court must dismiss
any action filed by a prisoner if the Court determines the action(1)"is frivolous" or
'Respondents note that Warden Wilson is no longer the warden of PCI Petersburg, and that the
current warden is Ray Ormond. (ECF No. 13, at 1 n.l.) Because White brings this action
seeking mandamus relief against Warden Wilson in his official capacity, pursuant to Rule 25(d)
of the Federal Rules of Civil Procedure, Ray Ormond is substituted for Warden Wilson as a
respondent in this matter.
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