Tippens v. McDonnell et al, No. 3:2013cv00257 - Document 11 (E.D. Va. 2013)
Court Description: MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 10/29/2013. (tjoh, )
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13 '71 IN THE UNITED STATES DISTRICT COURT IU ! 0CT 292013 FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division cle. i ROBERT EARL TIPPENS, JR., Plaintiff, v. Civil Action No. 3:13CV257 Robert McDonnell, etai9 Defendants. MEMORANDUM OPINION (Dismissing With Prejudice 42 U.S.C §1983 Action) Robert Earl Tippens, Jr., aVirginia inmate proceedingpro se and info forma pauperis, filed this 42 U.S.C. §1983 action.1 The matter is before the Court for evaluation pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A. A. Preliminary Review Pursuant to the Prison Litigation Reform Act ("PLRA") this Court must dismiss any action filed by aprisoner ifthe Court determines the action (1) "is frivolous" or (2) "fails to state aclaim on which reliefmay be granted." 28 U.S.C. §1915(e)(2); see 28 U.S.C. §1915A. The first standard includes claims based upon «'an indisputably 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 C aT!1 nf t0 th£ dePrivation of «"y eights, 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. J .T
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