Chaney v. Mr. CEO of Family Dollar et al

Filing 6

OPINION ON DISMISSAL. Chaney does not raise allegations that any of the defendants acted under color of state law. There is no diversity, federal-question, or other subject-matter jurisdiction raised in the complaint. Chaney fails to state a claim recognized at law. The case will be dismissed. (Signed by Judge Lynn N. Hughes) Parties notified. (wbostic, 4)

UNITED STATES DISTRICT COURT

W. CHANEY,
HCJ 0774742,
Plaintiff,
versus
CEO OF FAMILY DOLLAR, et al.,
Defendants.
ANTHONY

SOUTHERN DISTRICT OF TEXAS

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CIVIL ACTION H-15-2803

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Opinion on Dismissal
Anthony W. Chaney sues the chief executive and two employees of a Houston Family Dollar
Store for civil rights violations. 42 U.S.C. § 1983. Chaney is proceeding as a pauper. 28 U.S.C. §
1915. He claims employees assaulted him without good cause. Chaney seeks damages.
In a section 1983 case, the plaintiff must show that someone acting under color of state law has
deprived him of a right under the Constitution or laws of the United States. Baker v. McCollan, 443

U.S. 13 7 (1979). Chaney does not raise allegations that any ofthe defendants acted under color of state
law. There is no diversity, federal-question, or other subject-matter jurisdiction raised in the complaint.
Chaney fails to state a claim recognized at law. 28 U.S.C. § 1915A(b)(1). The case will be dismissed.
The Clerk will send a copy to the District Clerk for the Eastern District of Texas, 211 West
Ferguson, Tyler, Texas 75702, Attention: Manager ofthe Three-Strikes List, by regular mail or e-mail.

~ L~~~h~e~~---------------United States District Judge