Prasad v. City of Richmond et al, No. 3:2017cv00039 - Document 14 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION. See Opinion for complete details. Signed by District Judge M. Hannah Lauck on 06/15/2018. Copy mailed to Plaintiff as directed.(ccol, )
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Prasad v. City of Richmond et al Doc. 14 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division SUNDARIK.PRASAD, Plaintiff, V. Civil Action No.3:17CV39 CITY OF RICHMOND,et al., Defendants. MEMORANDUM OPINION Sundari K.Prasad, a Virginia inmate proceeding pro se and informa pauperis, filed this 42 U.S.C. § 1983 action.' The matter is before the Court for evaluation pursuant to 28 U.S.C. §§ 1915(e)(2)and 1915A. L Preliminarv 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 v. Yates, 809 F. Supp. 417,427(E.D. Va. 1992)(quoting Ve/7zifce v. Williams, 490 U.S. 319,327(1989)), ajfd,36 F.3d 1091 (4th Cir. '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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