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Cooper v. Gilbert

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

April 17, 2018

ISRAEL COOPER, Plaintiff,
v.
LT. CHRISTOPHER GILBERT, et al, Defendants.

          MEMORANDUM OPINION

          HON. GLEN E. CONRAD SENIOR UNITED STATES DISTRICT JUDGE.

         Israel Cooper, a Virginia inmate proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983, alleging that the defendant prison officials deprived him of property and liberty interests without due process. Upon review of the record, the court finds that the action must be summarily dismissed without prejudice for failure to state a claim.

         Background

         Cooper, an inmate at Red Onion State Prison, alleges the following sequence of events on which he bases his claims. Cooper is classified as a Level S ("SLS") inmate and as such, he is assigned to long-term administrative segregation. Under current policies, once a VDOC inmate is classified as SLS, he may participate in the Segregation Reduction Step-Down Program set out in Operating Procedure ("OP") 830.A. See OP 830.A, at 17-32, ECF No. 1-1. The step-down program provides "established procedures for incentive based offender management which ... create[s] a pathway for offenders to step-down from Security level S to lower security levels in a manner that maintains public, staff and offender safety." OP 830.A(I). Each SLS inmate is assessed and assigned to the appropriate privilege level: intensive management ("IM"), special management ("SM"), or the reentry unit. Within the assigned pathway, the inmates are further sub-classified under OP 830.A as follows, from IM-0 or SM-0 as the most restrictive statuses, to Security Level 5 General Population as the least restrictive:

Intensive Management (IM):
IM-0
IM-1
IM-2
IM-SL6
Special Management (SM):
SM-0
SM-1
SM-2
SM-SL6 (Security Level ...

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