Williams v. Eason et al

Filing 9

MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 03/04/2014. Copy mailed to Plaintiff. (walk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

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GARY B. WILLIAMS,
CLERK, U.S.

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Plaintiff,
Civil Action No. 3:13CV493-HEH

v.

CARLEASON,e^/.,
Defendants.
MEMORANDUM OPINION

(Dismissing With Prejudice 42 U.S.C. § 1983 Action)
Gary B. Williams, a Virginia inmate proceeding pro se and informa pauperis,

filed this 42 U.S.C. § 1983 action.1 The matter is before the Court for evaluation
pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A.
A.

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 28

U.S.C. § 1915A. The first standard includes claims based upon "'an indisputably

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.

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