Sullins v. Julian et al

Filing 5

ORDER dismissing Sullins's 2 Complaint without prejudice. The Court certifies that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 4/3/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION

ROBERT P. SULLINS,
ADC #151971
v.

PLAINTIFF
No. 2:14-cv-35-DPM-JTR

LISA JULIAN, Director, First Judicial
Drug Task Force; JAMES MAYFIELD,
Agent, First Judicial Drug Task Force;
TAMMIE GAIL LOVIN, Administrator,
Monroe County Jail; and GARY HENARD,
Sheriff, Monroe County Jail

DEFENDANTS

ORDER
1. Sullins has filed this prose§ 1983 action alleging that defendants
violated his constitutional rights while he was in the Momoe County Jail.
NQ 2 at 4-5. The Court must screen Sullins's complaint. 28 U.S.C. § 1915A.

2. Sullins alleges that, after searching his cell block at the Momoe
County Jail, defendants erroneously accused him of possessing contraband.
All criminal charges stemming from the allegedly false accusation were later
dismissed. Sullins, however, believes that defendants defamed his character.
NQ 2 at5.

3. Sullins has not pleaded a violation of a federal constitutional or
statutory right. 42 U.S.C. § 1983; Miner v. Brackney, 719 F.2d 954,955 (8th Cir.
1983) (per curiam). Instead, he has pleaded a state-law claim for defamation
that cannot be brought in this Court in the absence of diversity jurisdiction.
28 U.S.C. §§ 1332 & 1367.
4. Sullins's complaint is therefore dismissed without prejudice. The
Court certifies that an in forma pauperis appeal from this Order and the
accompanying Judgment would not be taken in good faith. 28 U.S.C. §
1915(a)(3).
So Ordered.

D.P. Marshall Jr. (!
United States District Judge

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