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Waddell v. McLaughlin

United States District Court, M.D. Georgia, Macon Division

October 3, 2017

TERRENCE A WADDELL, Plaintiff,
v.
Warden GREGORY MCLAUGHLIN, Defendant.

          ORDER

          C. ASHLEY ROYAL, SENIOR JUDGE, UNITED STATES DISTRICT COURT

         This case is currently before the Court for screening as required by the Prison Litigation Reform Act (“PLRA”), 28 U.S.C. § 1915A(a). Plaintiff Terrence A Waddell, an inmate confined at Pulaski State Prison, filed the above-captioned proceeding seeking relief under 42 U.S.C. § 1983. Plaintiff's motion for leave to proceed in forma pauperis was granted on April 20, 2017, (ECF No. 5) and Plaintiff has filed a recast complaint as directed in that order. As discussed below Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE.

         I. Motion to Proceed In Forma Pauperis

         Although Plaintiff is allowed to proceed in forma pauperis in this action, Plaintiff is still obligated to pay the full balance of the filing fee, in installments, as set forth in § 1915(b) and explained below. It is thus requested that the CLERK forward a copy of this ORDER to the business manager of the facility in which Plaintiff is incarcerated so that withdrawals from his account may commence as payment towards the filing fee.

         A. Directions to Plaintiff's Custodian

         It is hereby ORDERED the warden of the institution wherein Plaintiff is incarcerated, or the Sheriff of any county wherein he is held in custody, and any successor custodians, each month cause to be remitted to the Clerk of this court twenty percent (20%) of the preceding month's income credited to Plaintiff's account at said institution until the $350.00 ($337.33 remains to be collected) filing fee has been paid in full. In accordance with provisions of the Prison Litigation Reform Act, Plaintiff's custodian is hereby authorized to forward payments from the prisoner's account to the Clerk of Court each month until the filing fee is paid in full, provided the amount in the account exceeds $10.00. It is further ORDERED that collection of monthly payments from Plaintiff's trust fund account shall continue until the entire $350.00 has been collected, notwithstanding the dismissal of Plaintiff's lawsuit or the granting of judgment against him prior to the collection of the full filing fee.

         B. Plaintiff's Obligations Upon Release

         Pursuant to provisions of the Prison Litigation Reform Act, in the event Plaintiff is hereafter released from the custody of the State of Georgia or any county thereof, he shall remain obligated to pay any balance due on the filing fee in this proceeding until said amount has been paid in full; Plaintiff shall continue to remit monthly payments as required by the Prison Litigation Reform Act. Collection from Plaintiff of any balance due on the filing fee by any means permitted by law is hereby authorized in the event Plaintiff is released from custody and fails to remit payments. Plaintiff's complaint is subject to dismissal if he has the ability to make monthly payments and fails to do so.

         II. Preliminary Review of Plaintiff's Complaint

         A. Standard for Preliminary Review

         Under the PLRA, the district courts are obligated to conduct a preliminary screening of every complaint filed by a prisoner who seeks redress from a government entity, official, or employee. See 28 U.S.C. § 1915A(a). Screening is also required, under 28 U.S.C. § 1915(e), when the plaintiff is proceeding IFP. Both statutes apply in this case, and the standard of review is the same. When conducting a preliminary review, the district court must accept all factual allegations in the complaint as true and make all inferences in the plaintiff's favor. See Brown v. Johnson, 387 F.3d 1344, 1347 (11th Cir. 2004). Pro se pleadings are also “held to a less stringent standard than pleadings drafted by attorneys, ” and a pro se compliant is thus “liberally construed.” Tannenbaum v. United States, 148 F.3d 1262, 1263 (11th Cir. 1998) (per curiam). The district court, however, cannot allow a plaintiff to litigate frivolous, conclusory, or speculative claims. As part of the preliminary screening, the court shall dismiss a complaint, or any part thereof, prior to service, if it is apparent that the plaintiff's claims are frivolous or if his allegations fail to state a claim upon which relief may be granted - i.e., that the plaintiff is not entitled to relief based on the facts alleged. See § 1915A(b); § 1915(e).

         To state a viable claim, the complaint must include “enough factual matter” to - not only “give the defendant fair notice of what the . . . claim is and the grounds upon which it rests” - but to also create “a reasonable expectation” that discovery will reveal evidence to prove the claim(s). Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-56 (2007). The claims cannot be speculative or based solely on beliefs or suspicions; each must be supported by allegations of relevant and discoverable fact. Id. Thus, neither legal conclusions nor a recitation of legally relevant terms, standing alone, is sufficient to survive preliminary review. Ashcroft v. Iqbal, 556 U.S. 662, 663 (2009) (“labels and conclusions” or “a formulaic recitation of the elements” of a cause of action is not enough). Claims without an arguable basis in law or fact will be dismissed as frivolous. See Neitzke v. Williams, 490 U.S. 319, 325 (1989); Bilal v. Driver, 251 F.3d 1346, 1349 (11th Cir. 2001) (claims frivolous if “clearly baseless” or “legal theories are indisputably meritless”).

         B. Plaintiff's Claims

         The present action arises out of Plaintiff's confinement at Macon State Prison. Plaintiff's initial filing complained of “five use of force tactics all of which bore levels of inconsistency with protocols of emergency.” ECF No. 1 at 5. Plaintiff did not describe the circumstances regarding any of the five uses of force, but stated that he wrote several grievances about the encounters. Id. He requested as relief additional ...


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