Harrison v. Gregg et al, No. 3:2019cv00034 - Document 13 (E.D. Va. 2019)
Court Description: MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 06/13/2019. Copy mailed to Plaintiff. (walk, )
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Harrison v. Gregg et al Doc. 13 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA L E Richmond Division JW I 3 2019 EARLANDO HARRISON, 'a CLERK. U.S. DISTRICT COURT RICHMOND. VA Plaintiff, Civil Action No. 3:19CV34-HBH V. ARTISHA GREGG, et ai. Defendants. MEMORANDUM OPINION (Dismissing With Prejudice 42 U.S.C. § 1983 Action) Earlando Harrison, a Virginia inmate proceeding pro se and informa pauperis, filed this 42 U.S.C. § 1983 action. By Memorandum Order entered on May 21,2019, the Court directed Harrison to file a particularized complaint within fourteen (14) days of the date of entry thereof. Harrison filed his Particularized Complaint. (ECF No. 12.) 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 (1) "is frivolous" or (2) "fails to state a claim on which relief may be granted." 28 U.S.C. § 1915(e)(2); see also 28 U.S.C. § 1915A. The first standard includes claims premised upon "'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 analyzed under the familiar requirements of Fed. R. Civ. P. 12(b)(6). Dockets.Justia.com
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