Martin v. State of Alabama Department of Corrections et al (INMATE1)

Filing 5

REPORT AND RECOMMENDATIONS of the Mag Judge that: (1) the claims Martin presents against the State of Alabama Dept of Corrections be dismissed with prejudice prior to service of process in accordance wtih the provisions of 28 USC 1915(e)(2)(B)(i); (2 ) the State of Alabama Dept of Corrections be dismissed from this cause of action; (3) this case, with respect to the claims lodged against the remaining defendants, be referred back to the undersigned for appropriate proceedings; Objections to R&R due by 5/14/2007. Signed by Judge Wallace Capel Jr. on 5/1/07. (djy, )

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Martin v. State of Alabama Department of Corrections et al (INMATE1) Doc. 5 Case 2:07-cv-00335-MEF-WC Document 5 Filed 05/01/2007 Page 1 of 3 IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION J O E BENOIT MARTIN, #208789, ) ) ) ) ) ) ) ) ) ) v. C I V I L ACTION NO. 2:07-CV-335-MEF [W O ] S T A T E OF ALABAMA DEPT. OF C O R R E C T IO N S , et al., Defendants. R E C O M M E N D A T I O N OF THE MAGISTRATE JUDGE In this 42 U.S.C. 1983 action, Joe Benoit Martin ["Martin"], a state inmate, c h a lle n g e s the defendants failure to protect him from attacks by a fellow inmate. Upon review of the complaint, the court concludes that dismissal of the plaintiff's c la im s against the State of Alabama Department of Corrections prior to service of process is appropriate under 28 U.S.C. 1915(e)(2)(B)(i).1 D IS C U S S IO N T h e plaintiff names the State of Alabama Department of Corrections as a defendant in this cause of action. The law is well-settled that state agencies are immune from suit, P a p a sa n v. Allain, 478 U.S. 265 (1986), and are not persons within the meaning of 42 U.S.C. A prisoner who is allowed to proceed in forma pauperis in this court will have his complaint screened in accordance with the provisions of 28 U.S.C. 1915(e)(2)(B). This screening procedure requires the court to dismiss a prisoner's civil action prior to service of process if it determines that the complaint is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary damages from a defendant who is immune from such relief. 28 U.S.C. 1915(e)(2)(B)(i)-(iii). 1 Dockets.Justia.com Case 2:07-cv-00335-MEF-WC Document 5 Filed 05/01/2007 Page 2 of 3 1983. See Will v. Michigan Dept. of State Police, 491 U.S. 58, 65, 109 S.Ct. 2304, 2309 (1 9 8 9 ). Thus, the plaintiff's claims against the State of Alabama Department of Corrections a r e frivolous as they are "based on an indisputably meritless legal theory." Neitzke v. W illia m s, 490 U.S. 319, 327 (1989).2 Such claims are therefore subject to dismissal pursuant to the directives of 28 U.S.C. 1915(e)(2)(B)(i). CONCLUSION A c c o rd in g ly, it is the RECOMMENDATION of the Magistrate Judge that: 1. The claims Martin presents against the State of Alabama Department of C o rre c tio n s be dismissed with prejudice prior to service of process in accordance with the p rov isio n s of 28 U.S.C. 1915(e)(2)(B)(i). 2 . The State of Alabama Department of Corrections be dismissed from this cause of a c tio n . 3. This case, with respect to the claims lodged against the remaining defendants, be r e f e rr e d back to the undersigned for appropriate proceedings. It is further ORDERED that on or before May 14, 2007 the parties may file objections to the R e c o m m e n d a tio n . Any objections filed must specifically identify the findings in the M a g is tra te Judge's Recommendation to which the party is objecting. Frivolous, conclusive Although Neitzke interpreted the provisions of 28 U.S.C. 1915(d), the predecessor to 28 U.S.C. 1915(e)(2), the analysis contained therein remains applicable to the present statute. 2 2 Case 2:07-cv-00335-MEF-WC Document 5 Filed 05/01/2007 Page 3 of 3 o r general objections will not be considered by the District Court. The parties are advised th a t this Recommendation is not a final order of the court and, therefore, it is not appealable. F a ilu re to file written objections to the proposed findings and advisements in the M a g is tra te Judge's Recommendation shall bar the party from a de novo determination by the D is tric t Court of issues covered in the Recommendation and shall bar the party from a tta c k in g on appeal factual findings in the Recommendation accepted or adopted by the D i s t ric t Court except upon grounds of plain error or manifest injustice. Nettles v. W a in w r ig h t, 677 F.2d 404 (5th Cir. 1982). See Stein v. Reynolds Securities, Inc., 667 F.2d 3 3 (11th Cir. 1982). See also Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981, en b a n c ), adopting as binding precedent all of the decisions of the former Fifth Circuit handed d o w n prior to the close of business on September 30, 1981. D o n e this 1 st day of May, 2007. / s / Wallace Capel, Jr. W A L L A C E CAPEL, JR. UNITED STATES MAGISTRATE JUDGE 3

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