United States District Court, S.D. Georgia, Brunswick Division
STAN BAKER UNITED STATES MAGISTRATE JUDGE.
who is currently housed in the McIntosh County Detention
Center in Darien, Georgia, filed a Complaint pursuant to 42
U.S.C. § 1983 and Bivens v. Six Unknown Named Agents
of Federal Bureau of Narcotics, 403 U.S. 388 (1971).
(Doc. 1.) Along with his Complaint, Plaintiff filed a Motion
to Proceed in Forma Pauperis. (Doc. 2.) For the
reasons set forth below, the Court DEFERS ruling on
Plaintiff's Motion and DIRECTS Plaintiff to amend his
Complaint within fourteen (14) days of the date of this
Complaint, Plaintiff asserts he is near the completion date
of his federal sentence. Plaintiff asserts he has a violent
history and an extensive criminal record. (Doc. 1, p. 1.)
Plaintiff maintains he was sent to the Dismas Charities,
Inc., halfway house for treatment of his mental health
issues, but these issues were not addressed “due to a
systematic neglect[.]” (Id.) Plaintiff
requests an emergency protective order directing Defendants
to obtain adequate mental health services for Plaintiff prior
to his release from custody in March 2017. (Id. at
seeks to bring this action in forma pauperis. Under
28 U.S.C. § 1915(a)(1), the Court may authorize the
filing of a civil lawsuit without the prepayment of fees if
the plaintiff submits an affidavit that includes a statement
of all of his assets and shows an inability to pay the filing
fee and also includes a statement of the nature of the action
which shows that he is entitled to redress. Even if the
plaintiff proves indigence, the Court must dismiss the action
if it is frivolous, malicious, or fails to state a claim upon
which relief may be granted. 28 U.S.C. §§
1915(e)(2)(B)(i)-(ii). Additionally, pursuant to 28 U.S.C.
§ 1915A, the Court must review a complaint in which a
prisoner seeks redress from a governmental entity. Upon such
screening, the Court must dismiss a complaint, or any portion
thereof, that is frivolous, malicious, or fails to state a
claim upon which relief may be granted or which seeks
monetary relief from a defendant who is immune from such
relief. 28 U.S.C. § 1915A(b).
reviewing a Complaint on an application to proceed in
forma pauperis, the Court is guided by the instructions
for pleading contained in the Federal Rules of Civil
Procedure. See Fed. R. Civ. P. 8 (“A pleading
that states a claim for relief must contain [among other
things] . . . a short and plain statement of the claim
showing that the pleader is entitled to relief.”);
Fed.R.Civ.P. 10 (requiring that claims be set forth in
numbered paragraphs, each limited to a single set of
circumstances). Further, a claim is frivolous under Section
1915(e)(2)(B)(i) “if it is ‘without arguable
merit either in law or fact.'” Napier v.
Preslicka, 314 F.3d 528, 531 (11th Cir. 2002) (quoting
Bilal v. Driver, 251 F.3d 1346, 1349 (11th Cir.
a complaint fails to state a claim under Section
1915(e)(2)(B)(ii) is governed by the same standard applicable
to motions to dismiss under Federal Rule of Civil Procedure
12(b)(6). Thompson v. Rundle, 393 F. App'x 675,
678 (11th Cir. 2010). Under that standard, this Court must
determine whether the complaint contains “sufficient
factual matter, accepted as true, to ‘state a claim to
relief that is plausible on its face.'”
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting
Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570
(2007)). A plaintiff must assert “more than labels and
conclusions, and a formulaic recitation of the elements of a
cause of action will not” suffice. Twombly,
550 U.S. at 555. Section 1915 also “accords judges not
only the authority to dismiss a claim based on an
indisputably meritless legal theory, but also the unusual
power to pierce the veil of the complaint's factual
allegations and dismiss those claims whose factual
contentions are clearly baseless.” Bilal, 251
F.3d at 1349 (quoting Neitzke v. Williams, 490 U.S.
319, 327 (1989)).
analysis, the Court must abide by the long-standing principle
that the pleadings of unrepresented parties are held to a
less stringent standard than those drafted by attorneys and,
therefore, must be liberally construed. Haines v.
Kerner, 404 U.S. 519, 520 (1972); Boxer X v.
Harris, 437 F.3d 1107, 1110 (11th Cir. 2006)
(“Pro se pleadings are held to a less
stringent standard than pleadings drafted by
attorneys.”) (emphasis omitted) (quoting Hughes v.
Lott, 350 F.3d 1157, 1160 (11th Cir. 2003)). However,
Plaintiff's unrepresented status will not excuse mistakes
regarding procedural rules. McNeil v. United States,
508 U.S. 106, 113 (1993) (“We have never suggested that
procedural rules in ordinary civil litigation should be
interpreted so as to excuse mistakes by those who proceed
Complaint was not submitted on the form complaint prisoners
are to use when filing 42 U.S.C. § 1983 or
Bivens causes of action in this Court. The Court
DIRECTS the Clerk of Court to provide Plaintiff with a proper
blank prisoner civil rights complaint form. The Court also
DIRECTS Plaintiff to complete this form within fourteen (14)
days of this Order and to pay special attention to the
questions this forms asks. In addition, Plaintiff is advised
he must set forth allegations indicating that his
constitutional rights have been violated and by whom his
rights have been violated. See Bivens, 403 U.S. at
388 (“To state a claim under Bivens, a
plaintiff must allege that a federal actor deprived him of
some constitutional right.”); see also Hale v.
Tallapoosa Cty., 50 F.3d 1579, 1582 (11th Cir. 1995) (In
order to state a claim for relief under Section 1983, a
plaintiff must satisfy two elements. First, a plaintiff must
allege that an act or omission deprived him “of some
right, privilege, or immunity secured by the Constitution or
laws of the United States.” Second, a plaintiff must
allege that the act or omission was committed by “a
person acting under color of state law.”) Moreover,
Plaintiff must include sufficient specificity to satisfy the
above-described standard of review.
addition, while Plaintiff has submitted an Application to
Proceed in Forma Pauperis, he has submitted a
handwritten form which is not the form the Court wishes for
prisoners to use when seeking to proceed before this Court.
To this end, the Court DIRECTS the Clerk of Court to provide
Plaintiff with a blank copy of the application to proceed
in forma pauperis form which asks
prisoner-plaintiffs questions about their inmate trust
accounts on page 2 of this application. The Court likewise
DIRECTS Plaintiff to re-submit his application using that
form within fourteen (14) days of this Order.
above stated reasons, the Court DEFERS ruling on
Plaintiff's Motion to Proceed in Forma Pauperis.
The Court DIRECTS Plaintiff to amend his Complaint and to
submit the appropriate form on which to move to proceed
in forma pauperis within fourteen (14) days of the
date of this Order. Should Plaintiff fail to abide by these
directives, the Court will dismiss this case for failure to
prosecute and failure to follow a court order. The Court
DIRECTS the Clerk of Court to forward to Plaintiff a blank