Ladeairous v. Goldsmith et al, No. 3:2013cv00673 - Document 13 (E.D. Va. 2015)
Court Description: MEMORANDUM OPINION. See Opinion for details. Signed by District Judge John A. Gibney, Jr., on 04/15/2015. (ccol, )
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Ladeairous v. Goldsmith et al Doc. 13 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division JOSEPH MICHAEL LADEAIROUS, Plaintiff, V. Civil Action No. 3:13CV673 MICHAEL GOLDSMITH, et al. Defendants. MEMORANDUM OPINION Joseph Michael Ladeairous, 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 pursuant to 28 U.S.C. §§ 1915(eX2) 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 frivolous" or (2) "fails to state a claim on which relief may be granted." 28 U.S.C. § 1915(e)(2); see 28 U.S.C. § 1915A. The first standard includes claims based upon "'an indisputably meritless legal theory,'" or claims where the "'factual contentions are clearly baseless.'" Clay Yates, 809 F. Supp. 417, 427 (E.D. Va. 1992) (quoting Neitzke v. Williams, 490 U.S. 319, 327 (1989)). The second standard is the familiar standard for a motion to dismiss under Fed. R. Civ. P. 12(b)(6). ' 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. Dockets.Justia.com
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