Buy This Entire Record For
Jackson v. Colombo
United States District Court, M.D. Florida, Fort Myers Division
December 10, 2019
CHARLIE JACKSON, Plaintiff,
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 
POLSTER CHAPPELL, UNITED STATES DISTRICT JUDGE.
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.
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.
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;
(iii)seeks monetary relief against a defendant who is immune
from such relief.
28 U.S.C. § 1915(e)(2).
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, ...