White v. Allstate Insurance Company, No. 4:2014cv01129 - Document 6 (S.D. Tex. 2014)
Court Description: MEMORANDUM OPINION AND ORDER dismissing 1 Complaint, granting 2 APPLICATION to Proceed In Forma Pauperis. (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION CHAD WAYNE WHITE, SPN #02632054, § § § § § § § Plaintiff, v. ALLSTATE INSURANCE COMPANY CEO, Defendant. CIVIL ACTION NO. H-14-1129 § § § MEMORANDUM OPINION AND ORDER Chad Wayne White, an inmate of Rusk State Hospital and former Harris County Jail inmate, has filed a civil rights Complaint Under 42 U.S.C. § 1983 (Docket Entry No.1) against the Chief Executive Officer of the Allstate Insurance Company claiming that the company mailed him a chemical laced letter. White Application to Proceed In Forma Pauperis After reviewing the complaint, has also filed an (Docket Entry No.2). the court has determined that the application should be granted and that the complaint should be dismissed because it has no legal basis. I. 28 U.S.C. § 1915(e). Claims and Allegations White alleges he received a letter in the mail while he was In Nacogdoches, Texas, that contained weapon grade anthrax powder in it. He implies that the letter came located in Northbrook, Illinois. from an Allstate office White provides no other facts in ~ -"-------_._------- ' - - - support of his allegation other than a statement that the letter arrived at the same time that similar letters were delivered to members of the United States Senate. White also fails to assert The court any harm that he has suffered or the relief he seeks. construes the complaint to indicate that he seeks damages and such other relief the court deems just and proper. II. To state a claim under § Analysis 1983, "a plaintiff must (1) allege a violation of rights secured by the Constitution or laws of the united States and (2) demonstrate that the alleged deprivation was committed by a person acting under color of state law." Texas Collin County, 535 F.3d 365, 373 (5th Cir. 2008), James v. quoting Moore v. Willis Independent School Dist., 233 F.3d 871, 874 Cir. 2000). There is no cause of action under § 1983 (5th if the plaintiff does not show that the alleged deprivation is fairly attributable to the state or that there was an agreement between state officials and private individuals to violate the plaintiff's rights. See Cinel v. Connick, 15 F.3d 1338, 1343 (5th Cir. 1994). No agreement has been indicated or implied in White's complaint. Allstate Insurance, a private corporation that allegedly sent the tainted letter, is not a state actor and cannot be held liable for a constitutional federal law. violation or any violation of See Morris v. Dillard Dep't Stores, 743 (5th Cir. 2001). -2- a right under Inc., 277 F.3d White filed an Application to Proceed In Forma Pauperis in this action. a pauper. The court will grant White permission to proceed as An in forma pauperis complaint may be dismissed if it is frivolous. 28 U.S.C. § 1915 (e) (2) (B) if it lacks an arguable basis in law. 211, 213 (5th Cir. 1998). A complaint is frivolous (1). Talib v. Gilley, 138 F.3d This complaint is dismissed because it is frivolous. III. Conclusion 1. The Application to Proceed In (Docket Entry No.2) is GRANTED. Forma Pauperis 2. White shall pay $350.00, the filing fee, in periodic installments as required by 28 U. S. C. § 1915 (b) . The agency having custody of White shall deduct 20% from each deposit into White's inmate trust account and forward the amount to the court. 3. The Complaint Under 42 U.S.C. § 1983, Civil Rights Act (Docket Entry No.1) filed by Chad Wayne White, SPN #02632054, is DISMISSED as frivolous. 28 U.S.C. § 1915(e) 4. The Clerk shall provide a copy of this Memorandum Opinion and Order to the parties; the officer in charge of the Inmate Trust Accounts at the Rusk State Hospital, P.O. Box 318, Rusk, Texas 75785; and the Pro Se Clerk for the United States District Court for the Eastern District of Texas, 211 West Ferguson, Tyler, Texas 75702. SIGNED at Houston, Texas, on this the 8th, day of May, 2014. UNITED STATES DISTRICT JUDGE -3-
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