Christopher-Michael Williams v. A Corporation d/b/a Writeaprisoner.com, et al.

Summary

The United States Magistrate Judge screens a pro se prisoner's Second Amended Complaint alleging that private defendants discriminated against him by excluding him from a prisoner pen pal program based on race or the offense for which he is imprisoned. The court allows claims under 42 U.S.C. § 1981 and a state-law breach-of-contract claim to proceed, while recommending dismissal of any claims asserted under 42 U.S.C. § 1983 because the defendants were not alleged to be state actors.

Holdings

1. The Second Amended Complaint was the operative pleading and superseded the earlier complaints for all purposes.
2. Plaintiff's claims under 42 U.S.C. § 1981 and his apparent state-law breach-of-contract claim were permitted to proceed to further development at the screening stage.
3. Any claims in the Second Amended Complaint that were brought or could be construed as brought under 42 U.S.C. § 1983 should be dismissed for failure to state a claim because Plaintiff did not allege that the private defendants acted under color of state law.

Questions Presented

1. Whether Plaintiff's allegations under 42 U.S.C. § 1981 and his state-law breach-of-contract claim should proceed past preliminary screening.
2. Whether any claims in the Second Amended Complaint brought or construed as brought under 42 U.S.C. § 1983 should be dismissed for failure to allege action under color of state law.
3. Whether the Second Amended Complaint superseded the earlier complaints for purposes of screening.

Disposition

other