Campbell v. Bristol Virginia Sheriff's Office

Filing 18

MEMORANDUM OPINION. Signed by Judge Norman K. Moon on 11/16/2016. (slt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION

ANTHONY CAMPBELL,
Plaintiff,
v.
BRISTOL VIRGINIA SHERIFF’S OFFICE,
Defendant.

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Civil Action No. 7:16cv00388
MEMORANDUM OPINION
By: Norman K. Moon
United States District Judge

Anthony Campbell, a Virginia inmate proceeding pro se, filed a civil action pursuant to
42 U.S.C. § 1983 against the “Bristol Virginia Sheriff’s Office.”

Having reviewed the

complaint, I conclude that Campbell has failed to state a claim against the Sheriff’s Office and,
therefore, I will dismiss his complaint without prejudice pursuant to 28 U.S.C. § 1915A(b)(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). Inasmuch as Campbell alleges no facts against, or conduct
committed by, the Sheriff’s Office, I conclude that he has failed to state a claim against the
defendant.1 See, e.g., Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (noting a plaintiff’s
basis for relief “requires more than labels and conclusions . . . .”). Accordingly, I will dismiss
Campbell’s complaint without prejudice pursuant to § 1915A(b)(1). I note that this dismissal is
without prejudice to Campbell’s opportunity to refile his claims in a separate civil action,
alleging claims against the named defendant and/or naming a new defendant.
ENTER: This 16th day of November, 2016.
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1

The court previously advised Campbell that his complaint failed to state a claim against the named
defendant and gave him the opportunity to amend his complaint to correct this deficiency. Campbell responded, but
still did not allege any facts against the named defendant or name a new defendant.