Branch v. Machen et al

Filing 5

MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 01/05/2015. Copy mailed to Pro Se Plaintiff. (jsmi, )

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

CLARENCE A. BRANCH,

Plaintiff,

V

Civil Action No. 3:14CV708

V •

RONALD C. MACHEN
and

IRVIN B. NATHAN,
Defendants.

MF.MORANDUM OPINION

This matter comes before the Court pursuant to theCourt's Memorandum Opinion and
Order entered November 25, 2014. (ECF Nos. 2-3.) After granting Branch leave to proceed in

forma pauperis, the Court found that Branch failed to state aclaim upon which relief may be

granted and dismissed his complaint pursuant to 28 U.S.C. §1915(e)(2).^ The Court granted
Branch an opportunity to file an amended complaint, provided he did so within fourteen (14)

days ofthe entry ofthe Memorandum Opinion and Order. The Court warned Branch that failure
tocomply with the Court's directives would result indismissal ofthis action.

' The statute reads, in pertinent part:

Notwithstanding any filing fee, orany portion thereof, that may have been paid,
the courtshall dismiss the case at any time if the court determines that: (A) the

allegation of poverty is untrue; or (B) the action or appeal (i) is frivolous or
malicious; (ii) fails to state a claim onwhich relief may be granted; or (iii) seeks
monetary relief against a defendant who is immune from such relief.
28 U.S.C. § 1915(e)(2) (2014).