Hicks, Jr, v. Payne et al
Filing
15
MEMORANDUM OPINION. SEE OPINION for complete details. Signed by District Judge John A. Gibney, Jr on 06/20/2018. Copy mailed to Plaintiff.(ccol, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
OZELIA HICKS,JR.,
p
L E
f
Richmond Division
jOjl 20 2018
LI
CLERK, U.S. DISTrtiUI UUUHI
Plaintiff,
RICHMOND. VA
V.
Civil Action No.3:17CV805
ROBERT E.PAYNE,et al.,
Defendants.
MEMORANDUM OPINION
Ozelia Hicks, Jr., a Virginia inmate proceeding pro se and in forma pauperis, filed this
civil action. For the reasons that follow, the Court will dismiss the action pursuant to 28 U.S.C.
§§ 1915(e)(2) and 1915A as frivolous and malicious.
I. PRELIMINARY REVIEW
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); see 28 U.S.C. § 1915A(b)(l). 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 P. Supp. 417, 427 (E.D. Va.
1992) (quoting Neitzke v. Williams, 490 U.S. 319, 327 (1989)). With respect to the second
standard, this Court has observed that:
A litigant may be deemed to act maliciously if his actions [ijmport a wish
to vex, annoy, or injure another, or an intent to do a wrongful act, and may consist
in direct intention to injure, or in reckless disregard of another's rights.
Therefore, the court must assess the character of the allegations insofar as they
indicate a motive on the part of the plaintiff to merely harass or vex the
defendants rather than to seek redress for a legitimate legal claim.
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