Smith v. Correct Care Solution

Filing 8

MEMORANDUM OPINION. Signed by District Judge Elizabeth K. Dillon on 8/1/2016. (tvt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
BRANDON SMITH,
Plaintiff,
v.
CORRECT CARE SOLUTIONS,
Defendant.

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Civil Action No. 7:16cv00302

By: Elizabeth K. Dillon
United States District Judge

MEMORANDUM OPINION
Brandon Smith, an inmate proceeding pro se, filed a civil rights action pursuant to 42
U.S.C. § 1983 against “Correct Care Solutions.” Having reviewed the complaint, the court
concludes that it must be dismissed without prejudice for failure to state a claim pursuant to 42
U.S.C. § 1997e(c)(1).
To state a cause of action under § 1983, a plaintiff must allege facts indicating that he has
been deprived of rights guaranteed by the Constitution or laws of the United States and that this
deprivation resulted from conduct committed by a person acting under color of state law. West v.
Atkins, 487 U.S. 42 (1988). Smith makes no allegation against the named defendant and
“[s]ection 1983 will not support a claim based on a respondeat superior theory of liability.”
Polk Cnty. v. Dodson, 454 U.S. 312, 325 (1981) (citing Monell v. Dep’t of Soc. Servs., 436 U.S.
658, 694 (1978)). By order entered July 11, 2016, the court advised Smith that the complaint
failed to state a claim and gave him the opportunity to amend it. Smith did not respond.
Accordingly, the court finds that the complaint fails to state a claim upon which relief may be
granted and, therefore, dismisses the complaint without prejudice.
Entered: August 1, 2016.

/s/ Elizabeth K. Dillon
Elizabeth K. Dillon
United States District Judge