Jackson v. Freeman et al
MEMORANDUM OPINION Signed by Judge William M Acker, Jr on 9/16/13. (SAC )
2013 Sep-16 PM 04:30
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
PATRICIA JACKSON, as
Administrator of the Estate
of DANNY RAY BROWN, deceased, }
JOSHUA FREEMAN, et al.,
CIVIL ACTION NO.
Plaintiff, Patricia Jackson, as administrator of the estate of
purportedly pro se on September 6, 2013.
This is her third bite at
Her first virtually identical complaint was filed on
August 10, 2009, CV-09-IPJ-1590-S.
prejudice on February 8, 2010.
It was dismissed without
Her second virtually identical
complaint was filed on August 6, 2013, CV-13-RDP-1454-S.
dismissed without prejudice on August 12, 2013. Although these two
dismissals were without prejudice, and therefore are not res
judicata, the rationales for the two previous dismissals do not
depend upon insurmountable defects such as those defects that this
court sees in the instant case.
The instant action is devoid of
colorable merit and is due to be dismissed with prejudice for the
First and foremost, the case is barred by the statute of
It appears from the face of the complaint that
administrator of the estate of her brother, the deceased, who died
on August 8, 2007.
There is no basis alleged, or that could be
alleged, to avoid the bar of the statute of limitations.
plaintiff is proceeding under Alabama’s Wrongful Death Statute, or
under 42 U.S.C. § 1983, the applicable statute of limitations has
run long ago.
No wonder plaintiff has been unable to get a lawyer
to take her case.
Second, and just as important, is the fact that plaintiff has
not alleged any basis for invoking the jurisdiction of this court.
If by referring to “1983 Civil Rights Act”, plaintiff means to
invoke 42 U.S.C. § 1983, her factual allegations are woefully
inadequate for describing a constitutional tort, and her claims of
negligence and/or wantonness by defendants are not cognizable in a
Third, and last, a personal representative cannot proceed pro
Because this court will not draft a lawyer to pursue a case
devoid of colorable merit, plaintiff is without standing.
Under the circumstances, plaintiff’s application for the right
to proceed in forma pauperis and her request for the court to
appoint her an attorney are due to be and will be denied by
separate order dismissing the action with prejudice.
DONE this 16th day of September, 2013.
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE
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