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Helms v. Amonette

United States District Court, E.D. Virginia, Alexandria Division

March 11, 2019

Jackie Lee Helms, Plaintiff,
v.
Dr. Amonette, et ah, Defendants.

          MEMORANDUM OPINION AND ORDER

          Anthony J. Trenga, United States District Judge.

         Jackie Lee Helms, a Virginia inmate acting pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983, alleging in relevant part that he suffered deliberate indifference to his serious medical needs when he was not provided with appropriate medication for his hepatitis C infection.[1] The matter is presently before the Court on a Motion to Dismiss for Failure to State a Claim filed by defendant Dr. Amonette, the Chief Physician for the Virginia Department of Corrections ("VDOC"), to which Helms has filed no response. For the reasons which follow, defendant's Motion will be granted.[2]

         I. Background

         In the Amended Complaint, which is the operative complaint in the lawsuit, plaintiff makes the following allegations regarding Dr. Amonette:

Dr. Amonett [sic] does not know me by face or name only by my #1026097 an[d] my liver enzymes count threw [sic] my Blood lab work. He controlls [sic] who get liver treatment for hepatitis C.

Dkt. No. 13, § IV. In an attachment to the amended complaint, Helms adds:

[T]his is the only way Dr. Amonett [sic] knows of me threw [sic] my lab work I never seen him.
I think if he knew my age 7-4-56 will be 62 he would treat and cure my hepatitis C now.

Helms also supplies a form captioned Laboratory/Diagnostic Test(s) Results dated May 1, 2018, which states:

Please be advised that your recent laboratory/diagnostic test(s) have been received and reviewed by the facility Medical Practitioner and the following has been recommended for your continued care:
Labs/x-ray/procedure is within normal limits; provider is aware. There is no referral to the Provider at this time. You will be followed in your next chronic care clinic.

Id., unnumbered attachments 2-3. As relief, Helms seeks the issuance of an order directing VDOC to treat his liver condition with the drug Harvoni. Id. § V.

         Dr. Amonette has moved to dismiss Helms' claim on the grounds that the amended complaint fails to state a claim against him either in his personal capacity or for supervisory liability. He supplied Helms with the notice required by Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975) and Local Rule 7K [Dkt. No. 25], and Helms has filed no response. Accordingly, this matter is ripe for disposition.

         II. ...


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