United States District Court, M.D. Georgia, Macon Division
ORDER OF DISMISSAL
ASHLEY ROYAL, SENIOR JUDGE
case is currently before the Court for preliminary screening
as required by the Prison Litigation Reform Act
(“PLRA”), 28 U.S.C. § 1915A(a). Plaintiff
Desmond Marve Glenn, an inmate confined at the Coastal State
Prison in Garden City, Georgia, filed the above-captioned
case seeking monetary damages. Compl., ECF No. 1. Along with his
Complaint, Plaintiff filed a motion for leave to proceed
without prepayment of the filing fee. Mot. for Leave to
Proceed In Forma Pauperis, ECF No. 2. Plaintiff was
previously granted leave to proceed in forma
pauperis and was ordered to pay an initial partial
filing fee. Order, Sept. 6, 2017, ECF No. 7. Plaintiff has
now paid the initial partial filing fee, and thus, his
Complaint is ripe for review.
due consideration, the Court finds that Plaintiff's
complaint fails to state a non-frivolous claim for relief.
The complaint is thus DISMISSED WITHOUT
PREJUDICE pursuant to § 1915A(b).
Motion to Proceed In Forma Pauperis
court of the United States may authorize the commencement a
civil action, without prepayment of the required filing
(in forma pauperis), if the plaintiff shows that he
is indigent and financially unable to pay the court's
filing fee. See 28 U.S.C. § 1915(a). Pursuant
to this provision, Plaintiff moved for leave to proceed
without prepayment of the $350.00 filing fee, and his motion
was granted. Order, Sept. 6, 2017. At that same time,
Plaintiff was directed to pay an initial partial filing fee
of $38.63, see id., which he has now paid. Plaintiff
is still obligated to pay the full balance of the filing fee,
in installments, as set forth in § 1915(b) and explained
below. The district court's filing fee is not refundable,
regardless of the outcome of the case, and must therefore be
paid in full even if the plaintiff's complaint is
dismissed prior to service.
this reason, the CLERK is
DIRECTED to 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.
Directions to Plaintiff's Custodian
Plaintiff has been granted leave to proceed in forma
pauperis in the above-captioned case, it is hereby
ORDERED that 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
trust account at said institution until the $350.00 filing
fee has been paid in full. The funds shall be collected and
withheld by the prison account custodian who shall, on a
monthly basis, forward the amount collected as payment
towards the filing fee, provided the amount in the
prisoner's account exceeds $10.00. The custodian's
collection of payments shall continue until the entire fee
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.
Plaintiff's Obligations Upon Release
event Plaintiff is hereafter released from the custody of the
State of Georgia or any county thereof, he remains obligated
to continue making monthly payments to the
CLERK toward the balance due until said
amount has been paid in full. 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 may be dismissed if he is able to make payments but
fails to do so.
Authority & Standard for Preliminary
Court is now obligated to conduct a preliminary review of
Plaintiff's complaint. See 28 U.S.C. § 1915A(a)
(requiring the screening of prisoner cases) & 28 U.S.C.
§ 1915(e) (regarding in forma pauperis
proceedings). When performing this review, the district court
must accept all factual allegations in the complaint as true.
Brown v. Johnson, 387 F.3d 1344, 1347 (11th Cir.
2004). Pro se pleading are also “held to a
less stringent standard that pleadings drafted by attorneys,
” and thus, pro se claims are “liberally
construed.” Tannenbaum v. United States, 148
F.3d 1262, 1263 (11th Cir. 1998). Still, the Court must
dismiss a prisoner complaint if it “(1) is frivolous,
malicious, or fails to state a claim upon which relief may be
granted; or (2) seeks monetary relief from a defendant who is
immune from such relief.” 28 U.S.C. §1915A(b).
is frivolous if it “lacks an arguable basis either in
law or in fact.” Miller v. Donald, 541 F.3d
1091, 1100 (11th Cir. 2008) (internal quotation marks
omitted). The Court may dismiss claims that are based on
“indisputably meritless legal” theories and
“claims whose factual contentions are clearly
baseless.” Id. (internal quotation marks
omitted). A complaint fails to state a claim if it does not
include “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)). The factual allegations in a complaint
“must be enough to raise a right to relief above the
speculative level” and cannot “merely create a
suspicion [of] a legally cognizable right of action.”
Twombly, 550 U.S. at 555 (first alteration in
original). In other words, the complaint must allege
enough facts “to raise a reasonable expectation that
discovery will reveal evidence” supporting a claim.
Id. at 556. “Threadbare recitals of the
elements of a cause of action, supported by mere conclusory
statements, do not suffice.” Iqbal, 556 U.S.
state a claim for relief under §1983, a plaintiff must
allege that (1) an act or omission deprived him of a right,
privilege, or immunity secured by the Constitution or a
statute of the United States; and (2) the act or omission was
committed by a person acting under color of state law.
Hale v. Tallapoosa Cty, 50 F.3d 1579, 1582 (11th Cir.
1995). If a litigant cannot satisfy these requirements or
fails to provide factual allegations in support of his ...