Gordon v. Kiser

The Supreme Court affirmed in part and vacated in part the circuit court’s judgment denying a motion for nonsuit, prospectively denying an inmate in forma pauperis status pursuant to Va. Code 8.01-692, and imposing a pre-service review with possible summary dismissal on the inmate’s future filings, holding one portion of the judgment was proper but the remainder must be vacated and remanded.Specifically, the Court held (1) because Appellant had at least three cases dismissed for failure to state a claim, the circuit court’s judgment denying him prospective in forma pauperis status was proper; (2) the portion of the judgment imposing pre-service review and summary dismissal on any future complaints Appellant might file in the Wise County Circuit Court must be vacated and remanded for the circuit court’s consideration of the four-factor test established in Adkins v. CP/IPERS Arlington Hotel LLC, 293 Va. 446, 452-53 (2017); and (3) the part of the judgment holding that the complaint was speculative and failed to establish irreparable harm and the lack of an adequate remedy at law must be vacated and remanded for entry of an order of nonsuit. View "Gordon v. Kiser" on Justia Law