United States District Court, W.D. Virginia, Roanoke Division
OWAIIAN M. JONES, Plaintiff,
VALLEY BANK, et al., Defendants.
MICHAEL F. URBANSKI, District Judge.
Owaiian Jones, a Virginia inmate proceeding pro se, filed this civil action against Valley Bank, Wells Fargo Bank, "and/or John Does, " requesting $100, 000 in "compensatory and punitive damages" because the defendants, inter alia, "violated [his] constitutional rights." Given the nature of Jones' claims, the court construed and docketed Jones' complaint under 42 U.S.C. § 1983. After reviewing the complaint, the court concludes that this lawsuit must be summarily dismissed as frivolous.
The court must dismiss any action or claim filed by a prisoner against a governmental entity or officer if the court determines the action or claim is "frivolous, malicious, or fails to state a claim on which relief may be granted; or seeks monetary relief from a defendant who is immune from such relief." 28 U.S.C. § 1915A(b)(1), (2). A "frivolous" claim is one that "lacks an arguable basis either in law or in fact." Neitzke v. Williams , 490 U.S. 319, 325, 327 (1989) (interpreting "frivolous" in former version of 28 U.S.C. § 1915(d)). The court's statutory authority to summarily dismiss frivolous complaints includes "the unusual power to pierce the veil of the complaint's factual allegations and dismiss those claims whose factual ...