James v. Brinkley et al
Darius James |
Brinkley, Rowland and Whedbee |
1:2009cv01300 |
November 18, 2009 |
US District Court for the Eastern District of Virginia |
Alexandria Office |
Portsmouth City |
James C. Cacheris |
Thomas Rawles Jones |
None |
42 U.S.C. ยง 1983 Civil Rights (Personal Property) |
None |
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Filing 14 MEMORANDUM OPINION AND ORDER. ORDERED that Claim 1 be and is DISMISSED WITHOUT PREJUDICE to plaintiffs ability to bring a § 2254 action following exhaustion of his state court remedies; and it is further ORDERED that Claim 2 be and is DISMISSED WITH PREJUDICE for failure to state a claim, pursuant to 28 U.S.C. § 1915A(b)(l). Plaintiff may resubmit Claim 1 to this Court in a 28 U.S.C. § 2254 petition after he has exhausted the claim at the Supreme Court of Virginia; and is further ORDERED that plaintiff is advised that, pursuant to 28 U.S.C. § 1915(g), this dismissal may affect his ability to proceed in forma pauperis in future civil actions; and it is further ORDERED that the Clerk record this dismissal for purposes of t he Prison Litigation Reform Act; and it is further ORDERED that plaintiffs request to proceed in forma pauperis (see Docket # 2) be and is DENIED as moot; and it is further ORDERED that plaintiffs Motion to Appoint Counsel (Docket # 11) be and is DEN IED; and it is further ORDERED that plaintiffs Motion to Terminate Deputy Whedbee (Docket # 12) be and is DENIED AS MOOT. To appeal, plaintiff must file a written notice of appeal with the Clerk's Office within thirty (30) days of the date of th is Order. See Fed. R. App. P. 4(a). A written notice of appeal is a short statement stating a desire to appeal this Order and noting the date of the Order plaintiff wants to appeal. Plaintiff need not explain the grounds for appeal until so directed by the court. Signed by District Judge James C. Cacheris on 3/31/2010. (tche) |
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