Schuett v. Wilson, et al

Filing 3

MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 11/26/17. (Copy mailed to Schuett).(jtho, )

IN THE

UNITED

STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division
CLIFFORD J.

SCHUETT,

Plaintiff,

V.

Civil Action No.

ERIC WILSON, ^

3:17CV699

al.,

Defendants.
MEMORANDUM OPINION

Clifford J.

Schuett,

a

federal

action and applied to proceed

inmate,

submitted this civil

forma pauperis.

By Memorandum Opinion and Order entered on June 13,
the

Court

dismissed

COMPLAINT,"

comply

with

determine

the

by

Va.

Schuett

because

he

Schuett

(E.D.

prejudice

Court's

whether

§ 1915(g).
at *1-3

filed

without

v.

directives

had

three

Wilson,

June 13,

Schuett v.

Wilson,

No.

made

no

allow

2017

Schuett filed a

DANGER

attempt

to

Court

to

the

under

3:17CV102,

that was also dismissed for failing
directives.

to

"IMMINENT

strikes

No.

2017).

he

an

2017,

28

U.S.C.

WL 2569888,

second action

to comply with the Court's

3:17CV174

(E.D.

Va.).

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
Che United
that it is

States that was dismissed on the grounds
frivolous, malicious, or fails to state a

claim

which

upon

relief

may

be

granted,

unless

the

prisoner is under imminent danger of
injury.
28

U.S.C.

actions

or

appeals that have been dismissed as frivolous or for failure

to

state a

00374,

§

1915(g).

claim.

See

Schuett

has

Schuett v.

2014 WL 5781409,

at

at

serious physical

least

Governor,

*1-2

(D.

three

State

Haw.

Nov.

of

6,

Haw.,

2014)

No.

14-

(denying

in forma pauperis status and listing five cases that are strikes

under § 1915 (g));^ see also Schuett v. Unknown Party, No. CV-1401663-JJT (JZB)
Thus,

in

(D. Ariz. Oct. 22, 2014).^
his

current

complaint,

Schuett

must

adequately

demonstrate why he is under imminent danger of serious physical

injury.
has

He does not do so.

been

injured

Instead, he vaguely states that he

multiple

times

at

his

present

place

of

incarceration and that his present place of incarceration cannot

adequately care for his medical condition.
of

candor

and

long

allegations

are

-

United

The

pattern

of

insufficient
States

to

District

Given his past lack

abusive

litigation,

such

credibly

demonstrate

that

Court

for

the

District

of

Hawaii cited the following five cases that count as strikes:
Schuett V. Attorney Gen, of Cal. , No. 14-6794 (C.D. Cal. Sept.
26,

2014);

010163 JCM

Schuett v.

(D.

Nev.

United States Marshal Serv.,

July 29,

2013) ;

Schuett v.

No.

2:13-cv-

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, No. 88-73527 HWG (E.D. Mich. Sept. 13, 1988).
^ The United States District Court for the District of
Arizona cited four of the above-listed cases and one additional

case:
No.

Schuett

v.

CEO-CCA-Correctional

2:14-CV-1431-JAD-PAL

(D.

Nev.

Oct.

3,

Corp.

2014).

of

America,

Schuett
White

is

V.

in

imminent

State

of

danger

Colo.,

157

of

serious

F.3d

1226,

physical
1232

(concluding inmate failed to satisfy § 1915(g)

specify

"even

injury'

he

request
action
free

to

the

general

asserts

to proceed ^
will
file

is

forma

dismissed

a

new action

The Clerk of

of

imminent").

be

entitled to proceed ^

nature

pauperis

without
that

the

harm.

(lOth

prejudice.

Cir.

1998)

where he did not

'serious

Accordingly,

will

See

physical
Schuett's

be denied.
Schuett

adequately specifies

The
remains

why he

is

forma pauperis.

the Court

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

Date;
Richmond, Virginia

'Z^Ol 7