McClain v. Muse et al, No. 3:2013cv00325 - Document 19 (E.D. Va. 2014)
Court Description: MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 6/30/2014. Copies as directed to McClain.(cmcc, )
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I L E JUL- I aou IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA CLERK, U.S. DiSTfliCT COURT Richmond Division RICHMOND. VA DENNIS MCCLAIN, Plaintiff, Civil Action No. v. WILLIAM MUSE, 3:13CV325 et al., Defendants. MEMORANDUM OPINION Dennis McClain, 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) the pursuant Jurisdiction is a claim the on appropriate U.S.C. pursuant Preliminary Review Prison Litigation Reform Act Court must dismiss any action filed by determines to and 1343. I. Pursuant to evaluation action (1) "is which relief * The statute provides, a prisoner if the frivolous" may be ("PLRA") or (2) granted." Court "fails to 28 state U.S.C. 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 this
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