Rankin Bey v. Quintero et al

Filing 9

ORDER granting for purposes of this initial review Plaintiffs 5 Application to proceed in forma pauperis. It is further ordered that Plaintiff's complaint is dismissed without prejudice for failure to state a claim. Signed by Chief Judge Frank D. Whitney on 7/2/2015. (Pro se litigant served by US Mail.)(nv)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:15-cv-00116-FDW
NAPOLEON J. RANKIN BEY,

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Plaintiff,
v.
FNU QUINTERO, Lieutenant;
FNU TILLMAN, Captain;
FNU WATSON, Lieutenant;
FNU HUNDLEY, Sergeant,
Defendants.

ORDER

THIS MATTER is before the Court on an initial review of the pro se complaint which
Plaintiff filed pursuant to 42 U.S.C. § 1983. For the reasons that follow, this action will be
dismissed.
I.

BACKGROUND

Plaintiff is a prisoner of the State of North Carolina who is presently housed in the
Avery-Mitchell Correctional Institution within this District. In his complaint, Plaintiff presents
vague contentions regarding, among other things, “racial discrimination” and “denial of medical
care” but he otherwise fails to allege any facts regarding the conduct of any of the named
defendants.
II.

STANDARD OF REVIEW

Pursuant to 28 U.S.C. § 1915(A)(a), “the court shall review ... a complaint in a civil
action in which a prisoner seeks redress from a governmental entity or officer or employee of a
governmental entity.” During this review, the “court shall identify cognizable claims or dismiss
the complaint, or any portion of the complaint, if the complaint— (1) is frivolous, malicious, or
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fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a
defendant who is immune from such relief.” Id. § 1915A(b)(1) and (b)(2).
Upon review, this Court must determine whether the complaint raises an indisputably
meritless legal theory or is founded upon clearly baseless factual contentions, such as fantastic or
delusional scenarios. Neitzke v. Williams, 490 U.S. 319, 327–28 (1989). While a pro se
complaint must be construed liberally, Haines v. Kerner, 404 U.S. 519, 520 (1972), the liberal
construction requirement will not permit a district court to ignore a clear failure to allege facts in
the complaint which set forth a claim that is cognizable under federal law. Weller v. Dep't of
Soc. Servs., 901 F.2d 387, 391 (4th Cir. 1990).
III.

DISCUSSION

Plaintiff’s complaint will be dismissed for failure to state a claim as Plaintiff’s
allegations, such as they are, are simply too threadbare to provide any of the Defendants with
notice as to what conduct the Defendants allegedly participated in that may have violated
Plaintiff’s federally protected rights. 28 U.S.C. § 1915A(b)(1).
IT IS, THEREFORE, ORDERED that Plaintiff’s Application to proceed in forma
pauperis is GRANTED for purposes of this initial review. (Doc. No. 5).
IT IS FURTHER ORDERED that Plaintiff’s complaint is DISMISSED without
prejudice for failure to state a claim. (Doc. No. 1).
The Clerk of Court is respectfully directed to close this civil case.
IT IS SO ORDERED.
Signed: July 2, 2015

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