Howard v. Ehrenworth et al, No. 3:2013cv00661 - Document 21 (E.D. Va. 2015)
Court Description: MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 1/14/15. Copy sent: Yes(tdai, )
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Howard v. Ehrenworth et al Doc. 21 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division JAMES C. HOWARD, Plaintiff, V. Civil Action No. 3; 13CV661 SCOTT EHRENWORTH, et al.. Defendants. MEMORANDUM OPINION James C. Howard, a Virginia inmate proceeding pro se and informa pauperis, submitted this 42 U.S.C. § 1983 action.' The action is filed. The matter is before the Court for evaluation pursuantto 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 a prisoner if the Court determines the action (1) "is fnvolous" or (2) "failsto state a claim on which relief may be granted." 28 U.S.C. § 1915(e)(2); see 28 U.S.C. § 1915A. The fu:st standard includes claims based upon "'an indisputably meritless legal theory,'" or claims where the "'factual contentions are clearly baseless."' Clay v. Yates, 809 F. Supp. 417, 427 ' The statute provides, inpertinent 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.... 42U.S.C.§ 1983. Dockets.Justia.com
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