Ward v. Cliver

STARCHER, Justice.

This is a case in which the Circuit Court of Kanawha County, on June 28th, 2001, dismissed a lawsuit filed by the appellant, Phillip A. Ward, against the appellee, Michael H. Oliver, prior to the issuance of process. Mr. Wai’d is an inmate at a state correctional facility; Mr. diver was at pertinent times a correctional officer at the same facility. Mr. Ward appeals and asks this Court to reverse the circuit court’s order of dismissal.

The circuit court issued its order of dismissal pursuant to the provisions of W.Va. Code, 25-1A-4 [2000], which provides as follows with…