Blanchard v. DEA et al

Filing 8

OPINION. Signed by Judge James P. Jones on 10/17/2016. (slt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
ROBERT CHARLES BLANCHARD,
Plaintiff,
v.
DEA, JUDGE SHOWALTERS,
Defendants.

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Case No. 7:16CV00337
OPINION
By: James P. Jones
United States District Judge

Robert Charles Blanchard, Pro Se Plaintiff.
Plaintiff Robert Charles Blanchard, a Virginia inmate proceeding pro se, has
filed a civil action under 42 U.S.C. § 1983 against the “DEA,” apparently referring
to the United States Drug Enforcement Administration, and Judge Showalters of
the Wythe County Circuit Court. Liberally construed, Blanchard’s Complaint
alleges that these defendants and others have allowed the use of loud noises and
other forms of torture in an effort to convince him to assist law enforcement. As
relief, Blanchard asks to be left alone. After review of the Complaint, I conclude
that the lawsuit must be summarily dismissed without prejudice as frivolous.
The court must dismiss any action or claim filed by a prisoner against a
governmental entity or officer if the court determines the action or claim is
“frivolous, malicious, or fails to state a claim on which relief may be granted.” 28
U.S.C. § 1915A(b)(1). A “frivolous” claim is one that “lacks an arguable basis

either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325, 327 (1989)
(interpreting “frivolous” in former version of 28 U.S.C. § 1915(d)).
My statutory authority to summarily dismiss frivolous complaints includes
“the unusual power to pierce the veil of the complaint’s factual allegations and
dismiss those claims whose factual contentions are clearly baseless” or which
describe “fantastic or delusional scenarios.” Id. at 327-28. Blanchard’s claims in
this lawsuit fall squarely in this class, and accordingly, I will summarily dismiss
the action under § 1915A(b)(1) as frivolous.
A separate Final Order will be entered herewith.
DATED: October 17, 2016
/s/ James P. Jones
United States District Judge

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