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Jackson v. Jefferson County Jail

United States District Court, N.D. Alabama, Southern Division

June 5, 2014

TIMOTHY A. JACKSON, Plaintiff,
v.
JEFFERSON COUNTY JAIL, et al., Defendant.

MEMORANDUM OPINION

VIRGINIA EMERSON HOPKINS, District Judge.

This case comes before the court on the plaintiff's affidavit to proceed in forma pauperis. (Doc. 9). 28 U.S.C. § 1915 (2006) governs proceedings in forma pauperis for nonprisoner plaintiffs such as Mr. Jackson. See Martinez v. Kristi Kleaners, Inc., 364 F.3d 1305, 1306 n.1 (11th Cir. 2004) ("Despite the statute's use of the phrase prisoner possesses, ' the affidavit requirement applies to all persons requesting leave to proceed IFP."); see also Haynes v. Scott, 116 F.3d 137, 140 (5th Cir. 1997) ("We agree with the analysis of the Sixth Circuit and hold that the affidavit requirement of section 1915(a)(1) applies to all persons applying to proceed i.f.p."). The statute also provides that

[n]otwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that... the action or appeal... is frivolous or malicious[, ] fails to state a claim on which relief may be granted[, ] or seeks monetary relief against a defendant who is immune from such relief.

28 U.S.C.A. § 1915(e)(2)(B)(i), (ii), (iii).

I. PROCEDURAL HISTORY

The court first addressed this motion in its order of May 12, 2014. (Doc. 10). In that order the court noted:

In the caption of his complaint, the plaintiff names the following defendants in this case: the "Jefferson County Jail, " the Adamsville Police Department, American Family Care Foresdale [sic], and "Officer Shaw and Officer Dees." (Doc. 1 at 1). In the body of his complaint he also names: "Adamsville" as a defendant.
As his "Statement of Claim" the plaintiff writes:
I want 5 million dollars from this due to the fact it was God grace I did not die[.] Just went into a coma for 3 days. Really was dead[.] Coma is death[.] All because of them[.] They hurted [sic] me and got me hurt for life now I use a walking cane for life due to this[.] Is there any justice in these United States in 2014[?]
(Doc. 1 at 3-4). Elsewhere in the complaint the plaintiff writes "Almost killed me because I am a black male." (Doc. 1 at 3). Because the complaint merely conclusively alleges that defendants are responsible for the plaintiff's alleged injuries, the complaint fails to state a claim upon which relief may be granted. See, Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009) ("[T]he pleading standard Rule 8 announces does not require "detailed factual allegations, " but it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation.").

(Doc. 10 at 2). The court then wrote:

In spite of the foregoing, it is hereby ORDERED, ADJUDGED, and DECREED as follows:
1. No later than June 1, 2014, the plaintiff shall file a complete AMENDED COMPLAINT which clearly sets out in ...

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