United States District Court, W.D. Virginia, Roanoke Division
October 20, 2014
OWAIIAN JONES, Plaintiff,
SWANSON SERVICES CORP., et al., Defendant.
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 contentions are clearly baseless." Id. at 327-28. Jones' legal claims under § 1983 are clearly baseless and, therefore, the court will summarily dismiss the action under § 1915A(b)(1) as frivolous.