United States District Court, W.D. Virginia, Roanoke Division
January 9, 2015
BRADLEY MAXWELL, Plaintiff,
HAROLD CLARKE, et al., Defendants.
JACKSON L. KISER, Senior District Judge.
Bradley Maxwell, a Virginia inmate proceeding pro se, filed a civil rights complaint pursuant to 42 U.S.C. § 1983, alleging that his confinement in segregation violates his Fourteenth Amendment right to equal protection. This matter is before me for screening, pursuant to 28 U.S.C. § 1915A. After reviewing the record, I dismiss the action without prejudice for failing to state a claim upon which relief may be granted.
Plaintiff complains that he has been held in segregation at WRSP since June 23, 2013, without receiving the privileges afforded to other inmates in segregation status. To state an equal protection claim, Plaintiff must allege facts demonstrating that he has been treated differently from others with whom he is similarly situated and that the unequal treatment was the result of intentional or purposeful discrimination. Morrison v. Garraghty, 239 F.3d 648, 654 (4th Cir. 2001). Plaintiff relies on the word "discrimination" to state such a claim, but that reliance is misplaced. A plaintiff's basis for relief "requires more than labels and conclusions...." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (internal quotation marks omitted). Accordingly, the complaint must be dismissed because Plaintiff fails to "allege facts sufficient to state all the elements of [the] claim." Bass v. E.I. Dupont de Nemours & Co., 324 F.3d 761, 765 (4th Cir. 2003).