Owens v. Lt. Moore et al, No. 3:2018cv00433 - Document 45 (E.D. Va. 2020)
Court Description: MEMORANDUM OPINION. It is so ORDERED. Signed by District Judge Robert E. Payne on 02/14/2020. Copy mailed to Plaintiff. (walk, )
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Owens v. Lt. Moore et al Doc. 45 » p F IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division STEVEN OWENS, I E If^ FB I82D20 CLEHK, U.S. DISTRICTCOURT RICHMOND. VA Plaintiff, V. Civil Action No. 3:18CV433 LT. MOORE, ^ al. , Defendants. MEMORANDUM OPINION Steven Owens, a Virginia inmate proceeding pro se, filed this 42 U.S.C. § 1983 action. PARTICULARIZED COMPLAINT. is before the Court on This action proceeds on ("Complaint," ECF No. 16.) Defendant Moore's MOTION TO Owens's The matter DISMISS FOR FAILURE TO STATE A CLAIM ("Motion to Dismiss," ECF No. 31) and the Court's responsibility to review prisoner actions under 28 U.S.C-. §§ 1915(e) (2) and 1915A.1 to Dismiss (ECF No. 31) For the reasons that follow, the Motion will be granted, and the action will be dismissed without prejudice.^ I. STANDARD OF 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 1 Defendant Moore is the sole remaining defendant. 2 The Court corrects the capitalization and punctuation in the quotations from Owens's Complaint. Dockets.Justia.com
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