Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Jackson v. Colombo

United States District Court, M.D. Florida, Fort Myers Division

December 10, 2019

CHARLIE JACKSON, Plaintiff,
v.
MICHAEL A. COLOMBO, JR., FRANCINE H DONNOROMMO, RAMERO MANALICH, SAM SORRELLE, STEPHEN B. RUSSELL, LINDA DOGGETT, MR. WALSH, THOMAS REESE, RYAN P. DOWNEY and ALESHA MOREL, Defendants.

          OPINION AND ORDER [1]

          SHERI POLSTER CHAPPELL, UNITED STATES DISTRICT JUDGE.

         This matter is before the Court upon Sua Sponte Review of the Record. Plaintiff initiated this action by filing a pro se 42 U.S.C. § 1983 Civil Rights Complaint Form (Doc. 1) while detained in the Lee County Jail.

         BACKGROUND

         The Court dismissed Plaintiff's initial Complaint (Doc. 1) and directed him to file an Amended Complaint that complied with the Federal Rules of Civil Procedure and that stated a claim for which relief could be granted. (Doc. 7). Plaintiff has filed his Amended Complaint (Doc. 8) and seeks to proceed in forma pauperis. (Doc. 9).

         STANDARD OF REVIEW

         A federal district court is required to review a civil complaint filed in forma pauperis and to dismiss any such complaint that is frivolous, malicious, or fails to state a claim upon which relief may be granted. 28 U.S.C. § 1915(e). The mandatory language of 28 U.S.C. § 1915 applies to all proceedings in forma pauperis. Specifically, the section provides:

Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that--
(A) the allegation of poverty is untrue; or
(B) the action or appeal-
(i) is frivolous or malicious;
(ii) fails to state a claim on which relief may be granted; or
(iii)seeks monetary relief against a defendant who is immune from such relief.

28 U.S.C. § 1915(e)(2).

         A complaint may be dismissed as frivolous under § 1915(e)(2)(B)(i) where it lacks an arguable basis in law or fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989). A claim is frivolous as a matter of law where, inter alia, the defendants are immune from suit or the claim seeks to enforce a right that clearly does not exist. Id. at 327. In addition, where an affirmative defense would defeat a claim, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.