Brown v. United States Department of Justice et al, No. 3:2018cv00343 - Document 3 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr. on 06/12/2018. Copy mailed to Plaintiff. (walk, )
Download PDF
<![CDATA[
Brown v. United States Department of Justice et al Doc. 3 p IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division L H f JUN 1 3 2018 Ir^ ULtHK. U S. DISTRICT COURT RICHMOND. VA MILTON BROWN, aka SULTAN IMMANUEL-EL-BEY Plaintiff, V. Civil Action No. 3:18CV343 UNITED STATES DEPARTMENT OF JUSTICE,el al., Defendants. MEMORANDUM OPINION Milton Brown, a Virginia inmate proceeding pro se and requesting to proceed in forma paiiperis, filed this civil action. For the reasons that follow, the Court will grant Brown's request to proceed informa pauperis, file the action, and dismiss it 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 in forma 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. 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)). With respect to second standard, this Court has observed that: A litigant may be deemed to act maliciously if his actions [ijmport a wish to ve.x, 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 Dockets.Justia.com
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
