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Gray v. State

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

February 22, 2019

NAPOLEON GRAY, Plaintiff,
v.
THE STATE OF GEORGIA, et al., Defendants.

          ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS, DENYING MOTION TO AMEND, AND DISMISSING AS FRIVOLOUS

          TILMAN E. SELF, III, JUDGE

         Before 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 moot.

         BACKGROUND

         Plaintiff 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].

         Plaintiff's 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].

         Plaintiff 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].

         Plaintiff's 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. [Id.].

         Next, 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.].

         Plaintiff 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. [Id.].

         Finally, 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.].

         Following 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].

         DISCUSSION

         A. Motion for Leave to Proceed in Forma Pauperis [Doc. 7]

         The 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 ...


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