Owens v. Lt. Moore et al

Filing 45

MEMORANDUM OPINION. It is so ORDERED. Signed by District Judge Robert E. Payne on 02/14/2020. Copy mailed to Plaintiff. (walk, )

»

p

F

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
STEVEN OWENS,

I

E

FB I82D20

CLEHK, U.S. DISTRICTCOURT
RICHMOND. VA

Plaintiff,

V.

Civil Action No. 3:18CV433

LT. MOORE, ^

al. ,

Defendants.
MEMORANDUM OPINION

Steven Owens, a Virginia inmate proceeding pro se, filed this
42

U.S.C.

§

1983

action.

PARTICULARIZED COMPLAINT.
is

before

the Court

on

This

action

proceeds

on

("Complaint," ECF No. 16.)
Defendant

Moore's MOTION TO

Owens's

The matter
DISMISS

FOR

FAILURE TO STATE A CLAIM ("Motion to Dismiss," ECF No. 31) and the

Court's responsibility to review prisoner actions under 28 U.S.C-.
§§ 1915(e) (2) and 1915A.1
to Dismiss

If^

(ECF No.

31)

For the reasons that follow, the Motion
will be granted,

and the action will be

dismissed without prejudice.^

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

1 Defendant Moore is the sole remaining defendant.

2 The Court corrects the capitalization and punctuation in
the quotations from Owens's Complaint.