Ball v. Hill
MEMORANDUM OPINION Signed by Judge William M Acker, Jr on 12/4/15. (SAC )
2015 Dec-04 PM 03:58
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
JIM HENRY BALL, JR.,
ERIKA LYNN HILL,
CIVIL ACTION NO.
Plaintiff filed this action on October 28, 2015, purportedly
asserting violations of his rights under 42 U.S.C. § 1983 and the
Eighth and Fourteenth Amendments to the Constitution, all stemming
from a car accident involving plaintiff and defendant, a private
pauperis was granted on November 16, 2015. (Doc. 3). Under 28
U.S.C. § 1915(e)(2)(B), the court must dismiss an action of a
“malicious,” or “fails to state a claim upon which
relief may be granted.”
To establish a viable claim under the statutes invoked by
plaintiff, defendant must have been “a person acting under color of
state law.” Nail v. Cmty. Action Agency of Calhoun Cty., 805 F.2d
Plaintiff filed a motion to amend his complaint on December
2, 2015. (Doc. 4). Because the amendment would not cure the fatal
jurisdictional flaws of plaintiff’s action, the court will deny
plaintiff’s motion to amend as futile.
deprives the court of subject-matter jurisdiction. Id. Given that
defendant is allegedly employed by Regions Bank and not affiliated
with any governmental entity, plaintiff has failed to allege that
defendant acted under color of state law. Accordingly, the aboveentitled action will be dismissed for want of subject-matter
jurisdiction. A separate order will be entered.
DONE this 4th day of December, 2015.
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE
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