United States District Court, M.D. Georgia, Macon Division
ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS,
DENYING MOTION TO AMEND, AND DISMISSING AS FRIVOLOUS
E. SELF, III, JUDGE
the Court is Plaintiff Napoleon Gray's Motion for Leave
to Proceed in Forma Pauperis [Doc. 7]. After
reviewing Plaintiff's submission, the Court
GRANTS Plaintiff's Motion for Leave to
Proceed in Forma Pauperis, DENIES
Plaintiff's Motion to Amend [Doc. 4] as futile,
DISMISSES Plaintiff's Complaint [Doc. 1]
as frivolous, and TERMINATES Defendants
Bleckley County Board of Commissioners, Houston County Board
of Commissioners, and Pulaski County Board of Commissioners
Motions to Dismiss Complaint [Doc. 3] as
Napoleon Gray filed this § 1983 claim against the State
of Georgia, the Bibb County Board of Commissioners, the
Houston County Board of Commissioners, the Pulaski County
Board of Commissioners, the Bleckley County Board of
Commissioners, Metlife Auto & Life Insurance Company,
Economy Fire and Casualty Company, Land Mark Finance, and
Blitz Bar and Grill. See [Doc. 1, at p. 1].
Plaintiff then filed a Motion to Amend Complaint [Doc. 4] in
which he sought to add Houston County and its jail, Pulaski
County and its jail, Bleckley County and its Police
Department and Sheriff's Office, City of Perry, Georgia,
and its city councilmen, Bibb County and its Sheriff's
Office, American Gallery, Mattresses for Less, Watson Used
Cars, and Interstate Auto Sales. See [Doc. 4, at pp.
1-2]. Plaintiff did not include any new allegations in his
Motion to Amend Complaint. See generally [Doc. 4].
allegations cover numerous, unrelated interactions with
private entities, law enforcement officers, and other
government actors. Most of the allegations are largely
incoherent ramblings. Taking Plaintiff's Complaint at the
highest level of generality, he alleges that the State of
Georgia, its municipalities, and various state law
enforcement agencies are targeting him for reasons that are
unclear. See, e.g., [Doc. 1, at p. 9] (“[B]ut
any way the gov knew what I were doing because several time
they would inter fear (sic) with the sound or picture of
video by making it fuzzy”). He also alleges that Land
Mark Finance engaged in “racist” and
“illegal actions” against him and that the owner
of Blitz Bar and Grill “was [out] to get [him]”.
[Id. at pp. 10 & 11].
does allege multiple interactions with state officials which
the Court briefly recounts. Plaintiff alleges that in March,
2018, he was at Land Mark Finance (“Land Mark”)
in Macon, Georgia, and that he and a Land Mark employee
called the Bibb County police following a dispute between
Plaintiff and the employee. [Id. at p. 6]. Plaintiff
maintains that the responding officer confiscated and read
some of Plaintiff's documents before telling Plaintiff to
leave the premises. [Id.]. On May 16, 2018,
Plaintiff alleges that he was involved in an auto accident
and that the responding officer erroneously stated that
Plaintiff was at fault on the accident report. [Id.
at p. 4].
next allegation centers on some damage done to one of his
vehicles. [Doc. 1, at pp. 7-8]. Plaintiff alleges that he
called the Perry Police Department to investigate, that they
responded, but their investigation was unsuccessful.
[Id.]. Plaintiff states his belief that the Perry
Police Department was responsible for the damage.
Plaintiff alleges that on July 15, 2018, he went to the
Bleckley County Law Enforcement Center in Cochran, Georgia,
to investigate an issue with his vehicle registration.
[Id. at pp. 8-9]. While there, he alleges that the
officers left him waiting for an extended period of time and
attempted to intimidate him. [Id.].
next alleges that on August 3, 2018, he went to Houston
County Magistrate Court “to file several complaint[s]
against [his] wife.” [Doc. 1, at p. 7]. The crux of
Plaintiff's gripe with this encounter is that the Houston
County police refused to issue a warrant to arrest his wife.
Plaintiff alleges that on October 23, 2018, he went to the
Pulaski County Court House in Hawkinsville, Georgia, where he
was promptly arrested based on a bench warrant for failure to
appear in court the day before. [Id. at p. 11-12].
However, Plaintiff alleges that he was quickly released after
the Sheriff intervened on his behalf by informing the judge
that Plaintiff's address had changed. [Id.].
an order from the Court to pay the filing fee or file a
motion for leave to proceed in forma pauperis,
Plaintiff filed the instant motion. See [Doc. 5]. In
the intervening time, several county Defendants filed a
Motion to Dismiss. See [Doc. 3].
Motion for Leave to Proceed in Forma Pauperis [Doc.
Court grants Plaintiff's Motion for Leave to Proceed
in Forma Pauperis. Plaintiff indicates that he is
incarcerated, receives social security benefits of $848 per
month, and has no money in his checking or savings accounts.
See generally [Doc. 7]. Plaintiff does not indicate
his monthly expenses but, based on his incarceration, his
expenses are likely minimal. Nevertheless, between
Plaintiff's incarceration and his limited monthly income,
the Court finds ...