Schuett v. Wilson et al

Filing 4

MEMORANDUM OPINION. SEE OPINION FOR COMPLETE DETAILS. Signed by District Judge Robert E. Payne on 11/26/2017. Copy of Memorandum Opinion mailed to Plaintiff as directed.(ccol, ) (Main Document 4 replaced on 11/28/2017) (ccol, ).

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division CLIFFORD J. SCHUETT, CLERK. U.S. DiST M1CT COUR1 RlCHMOrm. VA . Plaintiff, v. Civil Action No. 3:17CV700 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. § 191S(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 Hawaii The United States District Court for the District of cited the following five cases that count as strikes: No. CV-14-01663-JJT (JZB) (D. Ariz. Oct. 22, 2014) . 2 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 on October 3 O, to 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. More failed than eleven to pay the full (11) days $400. have elapsed and Schuett has oo filing 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/ fit. f Robert E. Payne Senior United States District Judge Date: W~ ~'-1vt7t7 Richmond, Virginia Schuett v. Attorney Gen. of Cal., No. 14-6794 (C.D. Cal. Sept. 16, 2014); 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

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