Gregory v. Muse

Filing 14

MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 06/30/2014. Copy mailed to Plaintiff. (walk, )

IN THE UNITED

«

E

STATES DISTRICT COURT

II

IH

JUL - I2014

FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division

CLERK, U.S. DISTRICT COURT
RICHMOND, VA

CARL GREGORY,

Plaintiff,
Civil Action No.

v.

3:13CV233

WILLIAM MUSE,
Defendant.
MEMORANDUM OPINION

Carl

Gregory,

a

Virginia

inmate

proceeding

pro

se

and

in

forma pauperis, filed this 42 U.S.C. § 1983 action.1

The matter

is

28

before

the

§§ 1915(e)(2)
to 28 U.S.C.

Court

and

for

1915A.

§§ 636(b)

evaluation
Jurisdiction

pursuant
is

to

appropriate

U.S.C.
pursuant

and 1343.

I.

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

1 The statute provides, in pertinent part:
Every person who,
under color of any statute
. . . of any State . . . subjects, or causes to be
subjected, any citizen of the United States or other
person
within
the
jurisdiction
thereof
to
the
deprivation of any rights, privileges, or immunities
secured by the Constitution and laws, shall be liable
to the party injured in an action at law ....
42 U.S.C.

§

1983.