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Whiting v. Tucker

United States District Court, Fourth Circuit

October 10, 2013

ROGER DARNELL WHITING, Plaintiff,
v.
INMATE MR. TUCKER, Defendant.

MEMORANDUM OPINION

SAMUEL G. WILSON, District Judge.

Plaintiff Roger Darnell Whiting, a Virginia inmate proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983, against an inmate he names only as Mr. Tucker. Upon consideration of the Complaint, the court finds Whiting has failed to state a claim on which relief may be granted under 42 U.S.C. § 1983 because the defendant is not a person acting under color of state law and, therefore, dismisses Whiting's Complaint without prejudice.

To state a cause of action under 42 U.S.C. § 1983, a plaintiff must allege facts indicating he has been deprived of rights guaranteed by the Constitution or laws of the United States and that this deprivation resulted from conduct committed by a person acting under color of state law. West v. Atkins , 487 U.S. 42 (1988) (emphasis added). Whiting has asserted unintelligible claims the court cannot decipher. It is clear, however, Whiting has not alleged Mr. Tucker was a state actor or acting under color of state law. Nor can the court glean any information from Whiting's Complaint to suggest the same. Therefore, the court dismisses Whiting's Complaint, without prejudice, for failure to state a claim on which relief may be granted under 28 U.S.C. § 1915(e)(2)(B)(ii).


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