Chaney v. Mr. CEO of Family Dollar et al, No. 4:2015cv02803 - Document 6 (S.D. Tex. 2015)
Court Description: 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)
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Chaney v. Mr. CEO of Family Dollar et al Doc. 6 UNITED STATES DISTRICT COURT W. CHANEY, HCJ 0774742, Plaintiff, versus CEO OF FAMILY DOLLAR, et al., Defendants. ANTHONY SOUTHERN DISTRICT OF TEXAS § § § § § CIVIL ACTION H-15-2803 § 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 Dockets.Justia.com
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