Ball v. Hill

Filing 7

MEMORANDUM OPINION Signed by Judge William M Acker, Jr on 12/4/15. (SAC )

FILED
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
SOUTHERN DIVISION
JIM HENRY BALL, JR.,

}
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}

Plaintiff,
v.
ERIKA LYNN HILL,
Defendant.

CIVIL ACTION NO.
2:15-cv-1909-WMA

MEMORANDUM OPINION
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
citizen.

(Doc.

1).1

Plaintiff’s

request

to

proceed

in

forma

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
plaintiff

proceeding

“frivolous,”

in

forma

pauperis

if

the

action

is

“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
1500, 1501

1

(11th

Cir.

1986).

Failure

to

allege

state

action

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