Wilson v. Quiroz

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division VINCENT ELLIOT WILSON, Plaintiff, v. Civil No. 3:23cv573 (DJN) ACTING SHERIFF JOSE QUIROZ, Defendant. MEMORANDUM OPINION Plaintiff submitted this action as a petition for a writ of habeas corpus under 28 U.S.C. § 2241 . “[T]he settled rules [provide] that habeas corpus relief is appropriate only when a prisoner attacks the fact or duration of confinement, see Preiser v. Rodriguez, 411 U.S. 475 (1973); whereas, challenges to the conditions of confinement that would not result in a definite reduction in the length of confinement are properly brought” by some other procedural vehicle. Olajide v. B.LC.E., 402 F. Supp. 2d 688, 695 (E.D. Va. 2005) (citing Strader v. Troy, 571 F.2d 1263, 1269 (4th Cir. 1978)). In this action, Plaintiff challenges his conditions of confinement. Accordingly, the action will proceed as a civil action, rather than a petition for a writ of habeas corpus. Plaintiff has not paid the filing fee. 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. § 1915 (g). Plaintiff has at least three other actions or appeals that have been dismissed as frivolous or for failure to state a claim. See Wilson v. Arthur, No. 3:23cv82 (DIN), 2023 WL 2506420 , at *6 (E.D. Va. Mar. 14, 2023); Wilson v. Burgess, No. 3:22cv662 (DJN), 2023 WL 2505863 , at *5 (E.D. Va. Mar. 14, 2023); Wilson v. Arthur, No. 3:22cv602 (DJN), 2023 WL 2507554 , at *6 (E.D. Va. Mar. 14, 2023), aff'd 2023 WL 4839377 (4th Cir. July 28, 2023); Wilson v. U.S.P.S, No. 3:22cv689 (DIN), 2023 WL 1997069 , *2 (E.D. Va. Feb. 14, 2023); Wilson v. Lindsey, No. 3:23cv83 (DIN), 2023 WL 1997070 , at *2 (E.D. Va. Feb. 14, 2023), aff'd 2023 WL 4839386 (4th Cir. July 28, 2023). Plaintiff's current complaint does not suggest that he is in imminent danger of serious physical harm. Accordingly, his request to proceed in forma pauperis will be DENIED. The action will be DISMISSED WITHOUT PREJUDICE. Plaintiff remains free to submit a new complaint with the full $402 filing fee. The Court will process such a complaint as a new civil action. An appropriate Final Order will accompany this Memorandum Opinion. Let the Clerk file a copy of the Memorandum Opinion electronically and send a copy to Plaintiff. David J. Novak United States District Judge Richmond, Virginia Dated: September 19, 2023