Gregory v. Muse, No. 3:2013cv00233 - Document 14 (E.D. Va. 2014)

Court Description: MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 06/30/2014. Copy mailed to Plaintiff. (walk, )

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IN THE UNITED « E STATES DISTRICT COURT II IH JUL - I2014 FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division CLERK, U.S. DISTRICT COURT RICHMOND, VA CARL GREGORY, Plaintiff, Civil Action No. v. 3:13CV233 WILLIAM MUSE, Defendant. MEMORANDUM OPINION Carl Gregory, a Virginia inmate proceeding pro se and in forma pauperis, filed this 42 U.S.C. § 1983 action.1 The matter is 28 before the §§ 1915(e)(2) to 28 U.S.C. Court and for 1915A. §§ 636(b) evaluation Jurisdiction pursuant is to appropriate U.S.C. pursuant and 1343. I. Preliminary Review Pursuant to the Prison Litigation Reform Act ("PLRA") this Court must dismiss any action filed by a prisoner if the Court determines the action (1) "is frivolous" or (2) "fails to state 1 The statute provides, in pertinent part: Every person who, under color of any statute . . . of any State . . . subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law .... 42 U.S.C. § 1983.

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