Hicks, Jr, v. Payne et al, No. 3:2017cv00805 - Document 15 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION. SEE OPINION for complete details. Signed by District Judge John A. Gibney, Jr on 06/20/2018. Copy mailed to Plaintiff.(ccol, )
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Hicks, Jr, v. Payne et al Doc. 15 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA OZELIA HICKS,JR., p L E f Richmond Division jOjl 20 2018 LI CLERK, U.S. DISTrtiUI UUUHI Plaintiff, RICHMOND. VA V. Civil Action No.3:17CV805 ROBERT E.PAYNE,et al., Defendants. MEMORANDUM OPINION Ozelia Hicks, Jr., a Virginia inmate proceeding pro se and in forma pauperis, filed this civil action. For the reasons that follow, the Court will dismiss the action pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A as frivolous and malicious. I. PRELIMINARY REVIEW Pursuant to the Prison Litigation Reform Act ("PLRA") this Court must dismiss any action filed by an individual proceeding informa pauperis if the Court determines the action "is frivolous or malicious." 28 U.S.C. § 1915(e)(2)(B)(i); see 28 U.S.C. § 1915A(b)(l). 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 P. Supp. 417, 427 (E.D. Va. 1992) (quoting Neitzke v. Williams, 490 U.S. 319, 327 (1989)). With respect to the second standard, this Court has observed that: A litigant may be deemed to act maliciously if his actions [ijmport a wish to vex, annoy, or injure another, or an intent to do a wrongful act, and may consist in direct intention to injure, or in reckless disregard of another's rights. Therefore, the court must assess the character of the allegations insofar as they indicate a motive on the part of the plaintiff to merely harass or vex the defendants rather than to seek redress for a legitimate legal claim. Dockets.Justia.com
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