Schuett v. Wilson et al

Filing 5

MEMORANDUM OPINION. SEE OPINION FOR COMPLETE DETAILS. Signed by District Judge Robert E. Payne on 12/07/2017. Copy of Memorandum Opinion mailed to Plaintiff as directed.(ccol, )

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

Richmond Division

DEC - 8 20!7

CLIFFORD J. SCHUETT,

CLERK, U.S. DiSTt\1CT COURT

Plaintiff,

RICHMOND, VA

Civil Action No. 3:17CV672

v.

MR. ERIC WILSON, et al.,
Defendants.
MEMORANDUM OPINION

Clifford J. Schuett, a federal inmate, submitted this civil
action and applied to proceed in forma pauperis.

The pertinent

statute provides:
In no event shall a prisoner bring a civil action
[in forma pauperis] if the prisoner has, on 3 or more
prior occasions, while incarcerated or detained in any
facility, brought an action or appeal in a court of
the United States that was dismissed on the grounds
that it is frivolous, malicious, or fails to state a
claim upon which relief may be granted, unless the
prisoner is under imminent danger of serious physical
injury.
28

u.s.c.

§

1915 (g).

Schuett has

at

least

three actions or

appeals that have been dismissed as frivolous or for failure to
state a

claim.

No. 14-00374,

See Schuett v.

2014 WL 5781409,

Governor,
at *1-2

(D.

State of Haw.,
Haw.

Nov.

6,

Civ.
2014)

(denying in forma pauperis status and listing five cases that
are strikes under§ 1915(g)) ; 1 see also Schuett v. Unknown Party,

1

The United States District Court for the District of
Hawaii cited the following five cases that count as strikes:

{D. Ariz. Oct. 22, 2014) . 2

No. CV-14-01663-JJT (JZB)

The Clerk

will be directed to attach Orders from several of those cases to
this Memorandum Opinion and Order.

Schuett's current complaint

does not demonstrate that he is in imminent danger of serious
physical harm.
Accordingly,
2017,

the Court

by

Memorandum

denied Schuett' s

Order

entered

request

to

on

October

30,

proceed in forma

pauperis is denied and directed him to submit the full $400.00
filing fee within eleven (11) days of the date of entry hereof.
On November

22,

2017,

the

Court

received

a

letter

from

Schuett in which he states that he "can prove new injuries, not
[chronic] problems. /1

(Letter 1, ECF No. 4.)

In his letter, he

states that he has a "shoulder injury and right arm injury" from
an incident in April 2017 (id. at 2), that he has fallen several
times, and that he has had "twenty three
[his]

legs in these falls.

indicates

that

he

has

/1

(Id. at 3.)

received

medical

(23) cuts or gashes to
Schuett also clearly
attention

for

these

Schuett v. Attorney Gen. of Cal., No. 14-6794 {C.D. Cal. Sept.
16, 2014)i Schuett v. United States Marshal Serv., No. 2:13-cv010163 JCM (D. Nev. July 29, 2013); Schuett v. Sheriff, Cnty.
Jail of Rochester, New York, Civ. No. 6:95-cv-6216 (W.D.N.Y. May
30, 1995); Schuett v. Sheriff, Cnty. Jail of Rochester, New
York, Civ. No. 6:95-cv-6157 (W.D.N.Y. May 30, 1995}; Schuett v.
BM Fauber, Civ. No. 88-73527 HWG (E.D. Mich. Sept. 13, 1988).
2

The United States District Court for the District of
Arizona cited four of the above-listed cases and one additional
case:
Schuett v.
CEO-CCA-Correctional Corp.
of America,
No. 2:14-cv-1431-JAD-PAL (D. Nev. Oct. 3, 2014).
2

injuries.

Schuett vaguely contends that
(Id. at 6.)

has gone beyond imminent danger."
lack of

candor and

allegations
Schuett

are

long

pattern

insufficient

of

State of Colo.,

abusive

such

demonstrate

that

serious physical harm.

See

credibly

157 F.3d 1226,

(concluding inmate failed to satisfy

§

specify

of

"even

the

general

Given his past
litigation,

to

is in imminent danger of

White v.

\\every injury

nature

1232

(10th Cir.

1998)

1915(g) where he did not
the

'serious

physical

injury' he asserts is imminent").
More

than eleven

failed to pay the

full

(11)

days

$400. 00

have
filing

elapsed and Schuett has
fee.

Accordingly,

the

action will be dismissed without prejudice.
The Clerk is directed to

send a

copy of

this Memorandum

Opinion to Schuett.
It is so ORDERED.

/s/
Robert E. Payne
Senior United States District Judge

<P~ 7( 'z.ol?

Date:
Richmond, Virginia

3