Wiggins v. Correctional Officer Johnson, No. 3:2017cv00840 - Document 14 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION. SEE OPINION for complete details. Signed by District Judge Henry E. Hudson on 08/20/2018. Copy of this MEMORANDUM OPINION mailed to Plaintiff.(ccol, )
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Wiggins v. Correctional Officer Johnson Doc. 14 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division EDWARD L. WIGGINS, Plaintiff, Civil Action No. 3:17CV840-HEH CORRECTIONAL OFFICER JOHNSON, Defendant. MEMORANDUM OPINION (Dismissing 42 U.S.C.§ 1983 Complaint) Edward L. Wiggins, a Virginia inmate proceeding pro se and informa pauperis, submitted this civil action pursuant to 42 U.S.C. § 1983. The action proceeds on the Particularized Complaint("Complaint,"ECF No. 13.) The matter is before the Court for evaluation pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A. 1. 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(I)"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. § I915A. 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 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). Dockets.Justia.com
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