Gregory v. Schuppin, No. 3:2019cv00520 - Document 2 (E.D. Va. 2019)

Court Description: MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 07/26/2019. Copy mailed to Plaintiff. (walk, )

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Gregory v. Schuppin Doc. 2 L IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA JUL 2 6 2019 Richmond Division CLERK, U.S. DISTRICT COURT RICHMOND. VA RONNELL A. GREGORY, a/k/a RONNELL ANTONIO MUHAMMAD Plaintiff, Civil Action No. 3:19CV520-HEH KATHERINE SCHUPPIN, Defendant. MEMORANDUM OPINION (Dismissing Civil Action with Prejudice) Ronnell A. Gregory, a Virginia inmate proceeding pro se and informa pauperis, filed this action. Here, in his initial pleading to this Court, Gregory indicates that he is "filing this Criminal Complaint. .. because nobody in Virginia Beach, Va. will file[] this against the Commonwealth Attorney, Katherine Schuppin." (ECF No. 1, at 1.) 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); 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) {(\\xoimg Neitzke v. Williams, 490 U.S. 319, 327 (1989)). It is both unnecessary and inappropriate to engage in an extended discussion of the utter lack of merit of Gregory's action. See Cochran v. Morris, 73 F.3d 1310, 1315 (4th Cir. 1996) Dockets.Justia.com

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