Riddick v. Kiser et al

Filing 23

MEMORANDUM OPINION. Signed by Judge Thomas T. Cullen on 7/14/2021. (Opinion mailed to Pro Se Party via US Mail)(slt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
STEVE RIDDICK,
Plaintiff,
v.
WARDEN JEFFERY KISER, et al.,
Defendants.

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Civil Action No. 7:20-cv-00561
MEMORANDUM OPINION
By:

Hon. Thomas T. Cullen
United States District Judge

Steve Riddick, a Virginia inmate proceeding pro se, filed this civil rights complaint
pursuant to 42 U.S.C. § 1983, alleging that prison officials have repeatedly served his meals on
damaged food trays. By opinion and order entered January 29, 2021, the Hon. Glen E. Conrad,
Senior United States District Judge, summarily dismissed the case under 42 U.S.C.
§ 1997e(c)(1) for failure to state a claim upon which relief could be granted under § 1983.
Riddick v. Kiser, No. 7:20CV00561, 2021 WL 312341, at *1-2 (W.D. Va. Jan. 29, 2021) (finding
that Riddick’s factual allegations concerning damaged food trays failed to state any
constitutional claim actionable under § 1983).
Riddick then filed a “motion for reconsideration [and] to reinstate.” (ECF No. 16.) In
that motion, Riddick merely repeats allegations presented with his complaint. In short, the
court finds no basis in the motion on which Riddick is entitled to relief from the dismissal
order in this case. Therefore, the court will deny his motion seeking reinstatement.

The clerk is directed to forward a copy of this Memorandum Opinion and
accompanying Order to Plaintiff.
ENTERED this 14th day of July, 2021.

/s/ Thomas T. Cullen____________________
HON. THOMAS T. CULLEN
UNITED STATES DISTRICT JUDGE

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