The opinion
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:19-cv-00230-FDW
RODNEY KEITH WHITAKER, )
)
Plaintiff, )
)
vs. )
)
STATE of NORTH CAROLINA, et al., ) ORDER
)
Defendants. )
____________________________________)
THIS MATTER is before the Court on initial review of Plaintiff’s Complaint, filed under
42 U.S.C. § 1983 [Doc. 1]. See 28 U.S.C. §§ 1915(e)(2); 1915A. Plaintiff is proceeding in forma
pauperis. [Doc. 2, 6].
I. BACKGROUND
Pro se Plaintiff Rodney Keith Whitaker (“Plaintiff”) is a North Carolina state prisoner
currently incarcerated at Mountain View Correctional Institution in Spruce Pine, North Carolina.
He filed this action on July 29, 2019, pursuant to 42 U.S.C. § 1983. [Doc. 1]. Plaintiff has named
various individuals and the State of North Carolina as Defendants. Plaintiff alleges that he believes
he should be provided greeting cards and “big brown legal mail envelopes” free of charge because
he is indigent. He admits these items are available for purchase at the prison canteen. He also
admits that white envelopes are provided to him free of charge. [Id. at 1-4].
As relief, Plaintiff seeks injunctive relief and monetary damages. [Id. at 6].
II. STANDARD OF REVIEW
Because the Plaintiff is proceeding in forma pauperis, the Court must review the Complaint
to determine whether it is subject to dismissal on the grounds that it is “frivolous or malicious [or]
fails to state a claim on which relief may be granted.” 28 U.S.C. § 1915(e)(2). Furthermore, §
1915A requires an initial review of a “complaint in a civil action in which a prisoner seeks redress
from a governmental entity or officer or employee of a governmental entity,” and the court must
identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the
complaint is frivolous, malicious, or fails to state a claim upon which relief may be granted; or
seeks monetary relief from a defendant who is immune from such relief.
In its frivolity review, this Court must determine whether the Complaint raises an
indisputably meritless legal theory or is founded upon clearly baseless factual contentions, such as
fantastic or delusional scenarios. Neitzke v. Williams, 490 U.S. 319, 327-28 (1989). Furthermore,
a pro se complaint must be construed liberally. Haines v. Kerner, 404 U.S. 519, 520 (1972).
However, the liberal construction requirement will not permit a district court to ignore a clear
failure to allege facts in his Complaint which set forth a claim that is cognizable under federal law.
Weller v. Dep’t of Soc. Servs., 901 F.2d 387 (4th Cir. 1990).
III. DISCUSSION
Plaintiff’s Complaint is wholly frivolous. Plaintiff claim is based on the lack of availability
of free greeting cards and “big brown legal mail envelopes” at his place of incarceration. Plaintiff
admits that he his provided white envelopes (paper, pencils, and carbon paper) free of charge.
[Doc. 1 at 3]. Plaintiff believes greeting cards and big brown envelopes should be given to him
because he is indigent. There is no constitutionally protected right to the provision of these items
free of charge in prison.
In sum, Plaintiff’s Complaint is dismissed as frivolous.
IV. CONCLUSION
Plaintiff’s Complaint is a frivolous filing and will, therefore, be dismissed.
IT IS, THEREFORE, ORDERED that:
1. Plaintiff’s Complaint [Doc. 1] is DISMISSED as frivolous. See 28 U.S.C. §§
1915(e)(2); 1915A.
2. The Clerk is directed to terminate this case.
Signed: December 20, 2019
Frank D. Whitney é □ □
Chief United States District Judge ~*#**