United States District Court, W.D. Virginia, Roanoke Division
MICHAEL F. URBANSKI, District Judge.
Owaiian Jones, a Virginia inmate proceeding pro se , filed this civil action against Swanson Services Food Corporation and John "and/or" Jane Doe, seeking $500, 000 because the defendants 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, however, the court concludes that the lawsuit must be summarily dismissed as frivolous.
Jones alleges that the "on or about" September 17, 2014, the defendants started a new policy which required Jones to "give purchased materials (i.e. batteries) to receive new batteries without consideration and delaying [Jones] refunds [for] 7 days." Jones further alleges that the defendant, "via his new employee" "demonstrates rude, obnoxious, and some racial behavior.... [and] treats [Jones] differently than whites...."
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 ...