Opinion
Civil Action No. 7:18-cv-00264
06-18-2018
DARYLL SHUMAKE, Plaintiff, v. COMMONWEALTH OF VIRGINIA, Defendant.
MEMORANDUM OPINION
Daryll Shumake, a Virginia inmate proceeding pro se, filed a complaint pursuant to 42 U.S.C. § 1983, naming the Commonwealth of Virginia as the sole defendant. Suing the Commonwealth of Virginia via § 1983 is the pursuit of "an indisputably meritless legal theory," and amending the complaint in this § 1983 action against this defendant would be futile. See, e.g., Neitzke v. Williams, 490 U.S. 319, 327 (1989); see also West v. Atkins, 487 U.S. 42, 48 (1988); Edelman v. Jordan, 415 U.S. 651, 663 (1974). Accordingly, the action is dismissed as frivolous pursuant to 28 U.S.C. § 1915A(b)(1). See Nelson v. Virginia, No. 7:16CV00055, 2016 U.S. Dist. LEXIS 95022, at *3, 2016 WL 3963242, at *2 (W.D. Va. July 21, 2016) (dismissing claims against the Commonwealth of Virginia as frivolous), appeal dismissed as frivolous, 672 F. App'x 333 (4th Cir. 2017).
Moreover, Plaintiff is a "three-striker" per 28 U.S.C. § 1915(g), and his allegations about frustrated access to grievance procedures and falling in his cell nearly two months earlier do not describe an "imminent danger of serious physical injury" to allow him to proceed without prepaying the filing fee. --------
ENTER: This 18th day of June, 2018.
/s/_________
Chief United States District Judge