Moore v. U.S. Attorney General

D. Kansas

Moore v. U.S. Attorney General

737 F. Supp. 1186, 1990 U.S. Dist. LEXIS 12270

CourtDistrict Court, D. Kansas

DecidedMay 18, 1990

DocketNo. 90-3136-R

StatusPublished

This text of 737 F. Supp. 1186 (Moore v. U.S. Attorney General) is published on Counsel Stack Legal Research, covering District Court, D. Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Moore v. U.S. Attorney General, 737 F. Supp. 1186, 1990 U.S. Dist. LEXIS 12270 (D. Kan. 1990).

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Opinion

ORDER

ROGERS, District Judge.

This matter is before the court on a civil rights complaint filed pursuant to 28 U.S.C. § 1331. Plaintiff, an inmate at the United States Penitentiary, Leavenworth, Kansas, claims that the defendants have violated his constitutional rights by refusing to change the race classification in his Bureau of Prison records from “Black” to “African American”. Plaintiff seeks injunctive relief and damages.

The court finds that plaintiff’s complaint fails to meet the requirements for a cause of action pursuant to 28 U.S.C. § 1331, and must therefore be dismissed. 28 U.S.C. § 1915(d). The purpose of a civil rights action is to remedy deprivations of federal constitutional rights. Plaintiff’s complaint fails to demonstrate any such violations. Accordingly, the claims lack an arguable legal basis for imposing liability on the defendants. See Neitzke v. Williams, — U.S. -, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989).

IT IS THEREFORE ORDERED that this action is dismissed and all relief denied. The clerk of the court is directed to transmit a copy of this order to plaintiff.

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ORDER

ROGERS, District Judge.

This matter is before the court on a civil rights complaint filed pursuant to 28 U.S.C. § 1331. Plaintiff, an inmate at the United States Penitentiary, Leavenworth, Kansas, claims that the defendants have violated his constitutional rights by refusing to change the race classification in his Bureau of Prison records from “Black” to “African American”. Plaintiff seeks injunctive relief and damages.

The court finds that plaintiff’s complaint fails to meet the requirements for a cause of action pursuant to 28 U.S.C. § 1331, and must therefore be dismissed. 28 U.S.C. § 1915(d). The purpose of a civil rights action is to remedy deprivations of federal constitutional rights. Plaintiff’s complaint fails to demonstrate any such violations. Accordingly, the claims lack an arguable legal basis for imposing liability on the defendants. See Neitzke v. Williams, — U.S. -, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989).

IT IS THEREFORE ORDERED that this action is dismissed and all relief denied. The clerk of the court is directed to transmit a copy of this order to plaintiff.

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Bluebook (online)

737 F. Supp. 1186, 1990 U.S. Dist. LEXIS 12270, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-us-attorney-general-ksd-1990.

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