Villafana v. Padrick, No. 3:2020cv00028 - Document 16 (E.D. Va. 2020)
Court Description: MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 09/30/2020. Copy mailed to plaintiff. (tjoh, )
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Villafana v. Padrick Doc. 16 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division JACQUES PAUL VILLAFANA, Plaintiff, V. Civil Action No. 3:20CV28 H. THOMAS PADRICK, JR., Defendant. MEMORANDUM OPINION Jacques Paul Villafana, a Virginia inmate proceeding pro se and ^ forma pauperis, filed this 42 U.S.C. § 1983 action challenging the state circuit court's denial of his application for relief under Virginia code section 19.2-327.1. The matter is before the Court for evaluation pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A. For the reasons set forth below, the Court will dismiss the action for failure to state a claim for relief and as legally frivolous. 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 claim on which relief may be granted." see 28 U.S.C. § 1915A. 28 U.S.C. § 1915(e)(2); The first standard includes claims based upon "an indisputably meritless legal theory," or claims where the Dockets.Justia.com
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