United States District Court, M.D. Alabama, Northern Division
ORDER AND RECOMMENDATION OF THE MAGISTRATE JUDGE
WALLACE CAPEL, Jr., Magistrate Judge.
Before the court is Plaintiff's Complaint (Doc. 1). On January 9, 2015, the District Judge entered an Order referring this matter to the undersigned Magistrate Judge "for consideration and disposition or recommendation on all pretrial proceedings as may be appropriate." Order (Doc. 6). Plaintiff requested leave to proceed in forma pauperis, Mot. (Doc. 2), which the court granted. Order (Doc. 8). Thus, the court is obligated to undertake review of his complaint pursuant to the provisions of 28 U.S.C. § 1915(e)(2). That statute instructs the court to dismiss any action wherein it is determined that an in forma pauperis applicant's suit 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." § 1915(e)(2)(B)(i)-(iii).
Upon review of the Complaint and Plaintiff's "motion to amend, " the court finds that this case is due to be dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) & (iii) because it fails to state a claim on which relief may be granted and seeks monetary relief against a defendant who is immune from such relief.
On January 7, 2015, Plaintiff, proceeding pro se, filed a Complaint alleging a violation of her civil rights and named John Hollis Jackson, III, as the defendant. Compl. (Doc. 1). The following allegations encompass the entirety of the factual basis provided in Plaintiff's Complaint:
I went to court 9/30/2014 I challenge Jurisdiction. No probation violation at all I was Free to go home. I went the court with my husband on 10/14/2014 to support him. I was Illegally served papers and was made to sign and attend in one moment. Wasn't prepared For court and was jail Illegally For 30 days without proof of Jurisdiction on 9/30/2014 Constitutional rights violation of 14th amendment. Due process is a Fundamental right to citizen.
Id. at 1. Plaintiff sought relief of $1, 000, 000.00. Id. at 2.
On January 23, 2015, the court entered an Order (Doc. 8) granting Plaintiff leave to proceed in forma pauperis and staying service of process pending review under 28 U.S.C. § 1915. Concerned about Plaintiff's ability to state a claim on these facts, the court explained as follows:
The court is unable to discern the precise factual circumstances with which Plaintiff is aggrieved. Plaintiff fails to state any actions attributable to Defendant, or any individual for that matter, and how those actions somehow constitute "constitutional violations of [the] 14th amendment." Additionally, Plaintiff fails to allege any facts to satisfy the state action requirement of the Fourteenth Amendment.
Order (Doc. 8) at 2. "Given the omission of relevant factual data and governing law, and the confusing presentation of the facts, " the court ordered Plaintiff to file an amended complaint that complies with Rule 8(a) of the Federal Rules of Civil Procedure. Id. at 3. Additionally, Plaintiff was " warned that her failure to amend will result in this court's recommendation that this case be dismissed. " Id. (emphasis in original).
In response to the court's order, Plaintiff filed a "Motion to Amend (Change of Course), " (Doc. 10), wherein Plaintiff states as follows:
I Leslie Childers request a motion to AMEND the course of this case. The title of Defendant be changed from John Hollis Jackson III Municpal [sic] Judge to (person) John Hollis Jackson III for The violations of U.S. Constitution 5th Amendment and (Equal Protection clause) Civil Rights Due process of Law. Mistake was made by myself (pro se) unintentionally and request the change of course to properly identify the Defendant in this case. Compensatory damages (pain and suffering, emotional distress monetary relief $1, 000, 000.00.
FEDERAL RULES OF CIVIL ...