Shumake v. Wallens Ridge State Prison

Full title: DARYLL KEITH SHUMAKE, Plaintiff, v. WALLENS RIDGE STATE PRISON, et al.…

Court: United States District Court, W.D. Virginia, Roanoke Division

Date published: Jul 3, 2008

Civil Action No. 7:08cv00398 (W.D. Va. Jul. 3, 2008)

Opinion

Civil Action No. 7:08cv00398.

July 3, 2008

MEMORANDUM OPINION

SAMUEL WILSON, District Judge

Plaintiff Daryll Keith Shumake, a Virginia inmate proceedingpro se, brings this action pursuant to 42 U.S.C. § 1983. Shumake has also requested to proceed in forma pauperis.

According to court records, Shumake has filed at least three actions in a court of the United States that were dismissed on the grounds that they were frivolous, malicious, or failed to state a claim.¹ Therefore, Shumake may not proceed with this action unless he either pays the $350.00 filing fee or shows that he is "under imminent danger of serious physical injury." 28 U.S.C. § 1915(g).

1 See Shumake v. Hampton Roads Regional Jail, et al., Civil Action No. 1:00cv00367 (E.D. Va. Mar. 13, 2000) (dismissed for failure to state a claim upon which relief may be granted);Shumake v. Dickerson, et al., Civil Action No. 1:00cv00540 (E.D. Va. Apr. 6, 2000) (dismissed for failure to state a claim upon which relief may be granted, pursuant to 28 U.S.C. § 1915A(b)(1)); Shumake v. Hampton Roads Regional Jail, et al., Civil Action No. 1:00cv00783 (E.D. Va. May 15, 2000) (dismissed for failure to state a claim upon which relief may be granted, pursuant to 28 U.S.C. § 1915A(b)(1)); Shumake v. Wallens Ridge State Prison, Civil Action No. 7:05cv00708 (W.D. Va. Nov. 29, 2005) (dismissed for failure to state a claim upon which relief may be granted, pursuant to 28 U.S.C. § 1915A(b)(1)); Shumake v. Harvey, et al., Civil Action No. 7:05cv00802 (W.D. Va. Jan. 9, 2006) (dismissed for failure to state a claim upon which relief may be granted, pursuant to 28 U.S.C. § 1915A(b)(1)); Shumake v. Ben Secours Maryview Medical Center, et al., Civil Action No. 1:07cv00027 (E.D. Va. Mar. 28, 2007) (dismissed for failure to state a claim upon which relief may be granted, pursuant to 28 U.S.C. § 1915A(b)(1)).

As Shumake has neither prepaid the filing fee nor demonstrated that he is "under imminent danger of serious physical injury,"² the court dismisses his complaint without prejudice.

2 Shumake alleges that he is disabled and that the defendants have failed to hire him a "live-in aide for daily activities," such as laundry and carrying meal trays. The court finds that Shumake's allegations fail to demonstrate that he is under imminent danger of serious physical harm.

The Clerk is directed to send a certified copy of this Memorandum Opinion and the accompanying Order to the plaintiff.