United States District Court, W.D. Virginia, Roanoke Division
December 22, 2014
NORWOOD COOK, Plaintiff,
RITA PERKINS, et al., Defendants.
NORMAN K. MOON, District Judge.
Norwood Cook, Jr., proceeding pro se, filed this civil action pursuant to 42 U.S.C. § 1981. Cook alleges that the defendants violated his rights under the First, Eighth, and Fourteenth Amendments and the "Religious Restoration Act, " by failing to provide Cook with a diet consistent with his religious beliefs. To succeed on a claim under § 1981, a plaintiff must demonstrate, inter alia, that a defendant intended to discriminate on the basis of race. Denny v. Elizabeth Arden Salons, Inc., 456 F.3d 427, 434 (4th Cir. 2006). Cook makes no allegation of racial discrimination in his complaint, and thus, I will dismiss this action without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim.