Norman v. Fitzsimmons, 8:12-cv-02972

Plaintiff Rahmad Norman, pro se and in forma pauperis, sues landlord Steaven Fitzsimmons in the District of South Carolina.
Norman is African-American and resides at 442 Stanley Avenue, Unit P, Greenwood, SC.
On October 5, 2012, Fitzsimmons allegedly called Norman about noise/traffic after which Norman denied disturbances and contacted the Greenwood Police, which had no record of complaints.
Norman suggested possible racial profiling; Fitzsimmons allegedly responded that such excuses are common and warned eviction if complaints were true.
Norman seeks monetary damages; the court reviews the complaint under 28 U.S.C. § 1915 and recommends dismissal.
The court concludes the complaint fails to state cognizable federal claims, including § 1983, and lacks factual support for FHA/§ 1982 discrimination claims.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 1983 claim lies against a private landlord.	Norman contends the landlord violated his civil rights.	Fitzsimmons is not a state actor; no § 1983 claim.	Dismissed for lack of state action; § 1983 claim not cognizable against private actor.
Whether FHA/§ 1982 discrimination claims are stated with sufficient facts.	Claims of racial discrimination in leasing/tenancy.	Insufficient facts showing discriminatory purpose or impact.	Dismissed for lack of facts showing discriminatory purpose or impact.

Denton v. Hernandez, 504 U.S. 25 (1992) (proximate standard for sua sponte dismissal under § 1915)
Neitzke v. Williams, 490 U.S. 319 (1989) (frivolous and malicious filings may be dismissed)
Haines v. Kerner, 404 U.S. 519 (1972) (liberal construction of pro se pleadings)
Nasim v. Warden, Md. Hous. of Corr., 64 F.3d 951 (4th Cir. 1995) (en banc; standard for pro se pleadings)
Todd v. Baskerville, 712 F.2d 70 (4th Cir. 1983) (pleadings must be construed liberally but remain cognizable)
Beaudett v. City of Hampton, 775 F.2d 1274 (4th Cir. 1985) (courts need not extrapolate tangential claims from scant pleadings)
Adams v. Rice, 40 F.3d 72 (4th Cir. 1994) (affirming dismissal where allegations are conclusory)
White v. White, 886 F.2d 721 (4th Cir. 1989) (claims lacking factual support fail)
West v. Atkins, 487 U.S. 42 (1988) (state action requirement for § 1983)
Lugar v. Edmondson Oil Co., Inc., 457 U.S. 922 (1982) (private conduct actionable under § 1983 only with state action)
Betsey v. Turtle Creek Assocs., 736 F.2d 983 (4th Cir. 1984) (racial discrimination under FHA requires discriminatory purpose or impact)