Gaskins v. Antero Resources Corp.

Background

Joseph Benton Gaskins, a prisoner proceeding without an attorney, filed a civil-rights complaint under 42 U.S.C. § 1983 against Antero Resources Corp. The court had dismissed his original complaint with permission to amend. Gaskins then filed an amended complaint.

In the amended complaint, Gaskins alleged that Antero Resources was a corporation that breached a contract by failing to close his account and refusing to allow him to sell real property with “minerals oil on them.”

Court’s analysis

The court screened the amended complaint under the federal prisoner-screening statute. To state a claim under Section 1983, a plaintiff must plausibly allege both a violation of a right secured by the Constitution or federal law and conduct by a person acting under color of state law, meaning using authority associated with state government.

The court concluded that Gaskins had not alleged facts showing that Antero Resources was a state actor. The company’s name and the allegation that it was a corporation suggested that it was a private actor, and private actors generally do not act under color of state law for purposes of Section 1983.

The court also concluded that Gaskins had not alleged a violation of federal law. His breach-of-contract allegation asserted a violation of state law rather than federal law. Because the amended complaint did not allege either required basis for a Section 1983 claim, it failed to state a claim for relief.

Disposition

The court dismissed the case for failure to state a claim upon which relief may be granted. Because Gaskins had already received permission to amend once and had not corrected the deficiency, the court granted no further permission to amend. The Clerk was directed to enter judgment and close the file. The court noted that Gaskins may be able to pursue his breach-of-contract claim in state court.